Shyam Das And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6734 of 2017 Arising Out of PS.Case No. -267 Year- 2016 Thana -KODHA District- KATIHAR ======================================================
1. Shyam Das,
2. Budli Das @ Budhli Das, Both sons of Late Basudeo Das, Resident of Village Ahiya Chak, P.S.- Korha, District- Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Informant : Mr. Sanjeev Kr. Singh, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-03-2017 The petitioners are apprehending their arrest in connection with Korha P.S. Case No. 267 of 2016, registered for offences punishable under Sections 302/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that except suspicion, there is nothing against the petitioners and the other co-accused persons have already been granted bail by this Court. It has further been submitted that even if there is injury in the post mortem report, land dispute is going on between the parties.
Heard learned A.P.P. and learned counsel for the informant, they have opposed the prayer for bail. Having heard both sides, considering the facts and circumstances of the case, except suspicion there is nothing
Patna High Court Cr.Misc. No.6734 of 2017 (3) dt.17-03-2017 2/2 against the petitioners and land dispute is going on between the parties and during post mortem nothing has been found, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 267 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) Vats/- U T