Sudheshwar Prasad @ Sudeshwar Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56579 of 2017 Arising Out of PS.Case No. -592 Year- 2017 Thana -DANAPUR District- PATNA ======================================================
1. Sudheshwar Prasad @ Sudeshwar Prasad, S/o Late Basudeo Prasad Yadav, R/o Village- Mathiyapur, Shekha Chak, P.S.- Shahpur, DistrictPatna.
2. Sudhir Kumar S/o Late Lala Saw, R/o Village- Mahtiyapur, Shekha Chak, P.S.- Shahpur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.III For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehends arrest in Danapur P.S. Case No. 592 of 2017 instituted for the offence under Sections-147, 149, 341, 323, 337, 427 and 353 of the Indian Penal Code. It is alleged in the written report that some auto drivers including the petitioners got their auto stopped on Main Danapur Khagaul Road which caused obstruction in the movement of the vehicles and when the police party tried to pacify the matter, they became furious and started to damage the vehicles. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners and they were not apprehended from the spot.
In such circumstances, prayer for anticipatory bail is
Patna High Court Cr.Misc. No.56579 of 2017 (2) dt.29-11-2017 2/2 allowed and it is ordered that the petitioners named above in the event of his 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 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Danapur P.S. Case No. 592 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners 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) sushma/- U T