Rajesh Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45296 of 2018 Arising Out of PS.Case No. -206 Year- 2017 Thana -SONBERSA District- SITAMARHI ======================================================

1. Rajesh Sah, son of Shambhu Sah,

2. Shambhu Sah, son of Ramashish Sah, Both are resident of Village- Kachor, P.S.- Kanhauli, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s: Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Sonbarsa P.S. Case No.206 of 2017 instituted for the offence under Sections 420 and 406 of the Indian Penal Code. Counsel for the petitioners has submitted that there is no chit of paper in support of the allegation that father of the informant has given ornament worth Rs.2,20,000/- to the petitioner. Counsel for the petitioners has further submitted that petitioner No.1 was working in the shop of the informant and later on he opened his own shop in Nepal which caused grudge to the informant.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.45296 of 2018 (2) dt.13-08-2018 2/2 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 Sonbarsa P.S. Case No.206 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 Chief Judicial Magistrate, Sitamarhi, 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.

U T