Prabhuraj Narain Rao And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63347 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Prabhuraj Narain Rao, son of late Bindeshwari Prasad Rao, resident of village- Laukariya, Police Station- Bairiya, District- West Champaran.
2. Afroz Alam, son of late Jalil Mian.
3. Md. Wahid, son of Late Gawal Mian.
4. Md. Sahim, son of late Raj Mohammad, 2 to 4 are residents of VillageChhardawali, Police Station - Gopalpur, District- West Champaran.
5. Raju Baitha, son of Moti Baitha,
6. Hiramati Devi, wife of Nawal Kishore Paswan,
7. Madan Paswan, son of Gaya Paswan.
8. Sanjay Paswan, son of Ram Balak Paswan.
9. Anrauti Devi, wife of Sanjay Paswan.
10. Umesh Baitha, son of Thag Baitha.
11. Dhanesh Baitha, Thag Baitha
12. Vijai Baitha, son of Kashi Baitha.
13. Innerman Baitha, son of Kashi Baitha, 5 to 14 are residents of VillageGopalpur, Police Station- Gopalpur, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Gopalpur P.S. Case No.86 of 2017 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 387, 307, 327, 504, 506 Indian Penal Code and Section 27 of the Arms Act.
Counsel for the petitioners has submitted that there is land dispute between the parties. Petitioner Nos.2 and 3 are
Patna High Court Cr.Misc. No.63347 of 2017 (4) dt.12-04-2018 2/3 Parcha-holder of the land of same Khata and possession was also delivered to them. It is further submitted that petitioner no.1 is local leader.
In the written report, it is alleged that all these petitioners made demand of Rangdari of rupees five lac and told that they will not allow to do agricultural work. It is mentioned in para 3 of the bail petition that the petitioners have no criminal antecedents.
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 Gopalpur P.S. Case No.86 of 2017, 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 Chief Judicial Magistrate, Bettiah, West Champaran, 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 their absence on two consecutive dates without proper and reasonable
Patna High Court Cr.Misc. No.63347 of 2017 (4) dt.12-04-2018 3/3 reason will be liable to cancel their bail bonds 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) JA/- U T