Mohan Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33962 of 2017 Arising Out of PS.Case No. -64 Year- 2017 Thana -PIRO District- BHOJPUR ======================================================
1. Mohan Sah, son of Lakshman Sah,
2. Krishna Sah, son of Shankar Dayal Sah, &
3. Dadan Sah, son of Jag Narayan Sah, all resident of village-Katar, P.S.- Piro, District- Bhojpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kumar, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-07-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Piro (Hasan Bazar) P.S. Case No.64 of 2017 instituted for the offence under Section(s) 147, 149, 504, 506, 435, 436, 447 Indian Penal Code. It is alleged in the written report that the informant got information from one Lalan Pd. Soni on mobile phone that his shop has been burnt. The informant went to his shop and found almost 75% of the shop burnt. The informant has raised suspicion that in the morning he had altercation with these petitioners on account of land dispute and, therefore, they have set the shop on fire.
In the written report itself, there is admission by the
Patna High Court Cr.Misc. No.33962 of 2017 (2) dt.20-07-2017 2/2 informant that there is land dispute between the parties. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Piro (Hasan Bazar) P.S. Case No.64 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara, 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.