Shambhu Kumar @ Shambhu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24578 of 2017 Arising Out of PS.Case No. -94 Year- 2016 Thana -KADIRGANJ District- PATNA ======================================================

1. Shambhu Kumar @ Shambhu Yadav,

2. Guddu Kumar @ Guddu Yadav, both son of Dwarik Yadav @ Dwarika Yadav, both resident of village-Bhabani Bigha, Police StationChiksaura, District-Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-07-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Kadirganj P.S. Case No.94 of 2016 instituted for the offence under Section(s) 395 Indian Penal Code.

It has been submitted on behalf of the petitioners that they have clean antecedents. They are not named in the First Information Report. Their names have come in the confessional statement of Ranjit Rai. The Informant has also filed compromise petition in the Court below.

First Information Report is against unknown. From the impugned order of the Sessions Judge, it appears that the name of these petitioners have been disclosed by co-accused-

Patna High Court Cr.Misc. No.24578 of 2017 (3) dt.01-07-2017 2/2 Ranjit Rai in the confessional statement.

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 Kadirganj P.S. Case No.94 of 2016, 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 Judicial Magistrate, Masaurhi, Patna, 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.