Istekhar Miyan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57469 of 2017 Arising Out of PS.Case No. -28 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================
1. Istekhar Miyan, S/o Sher Miyan ,
2. Saroj Paswan, S/o Bihari Paswan,
3. Amresh Kumar @ Amresh Singh, S/o Gupteshwar Singh, All R/o Village- Semarian, P.S.- Kargahar, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh, Advocate. For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Kargahar P.S. Case No. 28 of 2015 instituted for the offence under Sections 143, 341, 342, 186, 427 and 353 of the Indian Penal Code. In the written report it is alleged that police got information that the villagers have blocked Sasaram Chousa Main Road and after arrival of police party, they started pelting stones and raised slogan against the police force.
It has been submitted that petitioners are not named in the written report. Their names have come during investigation on the basis of confessional statement of co-accused Jai Prakash
Patna High Court Cr.Misc. No.57469 of 2017 (2) dt.07-12-2017 2/2 Ram.
Considering the facts and circumstances of the case, 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 Kargahar P.S. Case No. 28 of 2015, 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, Rohtas at Sasaram, 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) S.Ali/- U T