Meraj Ali And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38656 of 2018 Arising Out of PS.Case No. -323 Year- 2017 Thana -RAJPUR District- BUXAR ======================================================
1. Meraj Ali, S/o Meboob Ali,
2. Kripa Shankar Choubey, S/o Ram Avtar Choubey,
3. Guddu Mishra @ Rakesh Mishra, S/o Vashishth Narayan Mishra, All R/o Vill.- Sisradh, P.S.- Rajpur, District- Buxar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party/s : Mr. Nawal Kishore, Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Rajpur P.S. Case No. 323 of 2017 instituted for the offence under Sections 147, 148, 341, 323, 379, 325, 307 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioners has submitted that the instant case has been filed just as a retaliation of case filed by the petitioner No. 1 against the informant and other associates vide Rajpur P.S. Case No. 317 of 2017.
In the instant case there is general and omnibus allegation against the petitioners that they demanded a sum of
Patna High Court Cr.Misc. No.38656 of 2018 (2) dt.04-07-2018 2/2 Rs.3,00,000/- from the informant as Rangdari. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Rajpur P.S. Case No. 323 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Buxar, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- Rohit Kr.
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