Gilani Kewat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45605 of 2018 Arising Out of PS. Case No.-178 Year-2018 Thana- LAHERIMUHALLA District- Nalanda ======================================================

1. Gilani Kewat son of Late Ramji Kewat, resident of VillageTakia Kala, Police Station- Deepnagar, District- Nalanda.

2. Munna Kumar, son of Late Kapil Prasad, resident of Village/ Mohalla- Murarpur (Opposite Asia Hotel) Police Station- Laheri, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Ajeet Kumar For the Opposite Party/s :

Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Laheri P.S. case no. 178 of 2018 instituted for the offence under Section(s)420/34 of the Indian Penal Code and Section 11 of Gambling Act. Learned counsel for the petitioners has submitted that the name of the petitioners has been disclosed by two co accused persons who have been apprehended by the police as mentioned in the written report. There is no recovery of any incriminating article from possession of the petitioners. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event

Patna High Court Cr.Misc. No.45605 of 2018(2) dt.13-08-2018 2/2 of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Laheri P.S. case no. 178 of 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 C.J.M. Nalanda, Biharsharif 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 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) shyambihari/- U T