Santosh Kumar @ Santosh Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62347 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -BELCHHI District- PATNA ======================================================
1. Santosh Kumar @ Santosh Ram, S/o Dev Sharan Ram@ Sharan Ram.
2. Nitish Ram@ Nitish Kumar, S/o Ajay Ram, both are resident of villageBelchhi, P.S. Belchhi, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Belchhi P.S. Case No. 44 of 2016 instituted for the offence under Sections 147,148,149,341,323,504,353,427& 34 of the IPC. Counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners. They have no criminal antecedent. In the written report, it is alleged that 30 to 40 persons entered into the campus of police station with anger due to an incident which happened one day prior to the occurrence in which the police has arrested one Priya Ranjan Kumar in the course of the vehicle checking. In the instant case, it is alleged that all those persons called bad names to the police and also destroyed the furniture of the police station. These petitioners were also present in the mob.
Patna High Court Cr.Misc. No.62347 of 2017 (2) dt.20-12-2017 2/2 As such there is general and omnibus allegation against these petitioners.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Belchhi P.S. Case No. 44 of 2016 to the satisfaction of learned S.D.J.M., Barh subject to condition as laid down u/S 438 (2) of the 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers 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.