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Patna High CourtCR. MISC./44252/2018bail granted

Ajit Roy @ Gopal Roy And ANR v. The State Of Bihar

2018-07-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44252 of 2018 Arising Out of PS.C.ase No. -22 Year- 2018 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Ajit Roy @ Gopal Roy Son of Late Jyotindra Roy

2. Sanjay Roy @ Suparilal Son of Late Kedar Roy Both are resident of Village- Pipra, Police Station- Chautham, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Chautham P.S. Case No. 22/2018, instituted for the offence punishable under Sections 448, 354, 379, 387 and 504/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is land dispute between the parties. Petitioner no. 1 is a cousin brother of late Baikunth Roy. The informant is wife of son of the brother-in-law of said late Baikunth Roy. In the written report, there is general and omnibus allegation that all the accused persons entered into the house of the informant and demanded Rangdari and also snatched golden chain. The petitioners have

Patna High Court Cr.Misc. No.44252 of 2018 (2) dt.25-07-2018 2/2 clean antecedents.

Considering the facts and circumstances of the case, the 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 Chautham P.S. Case No. 22/2018, 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 the Sri Brajesh Kumar, Judicial Magistrate 1st Class, Khagaria, subject to the conditions as laid down under Section 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) Rakhi U T