Janki Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40692 of 2018 Arising Out of PS. Case No.-195 Year-2017 Thana- GOVINDGANJ District- East Champaran ======================================================
1. Janki Sah son of Late Saryug Sah
2. Ganesh Sah son of Late Fuldeo Sah
3. Bhola Sah son of Ganesh Sah All residents of village Sareya, P.S. - Govindganj, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Govindganj P.S. case no. 195 of 2017 instituted for the offence under Section(s) 341, 323, 504, 448 and 427/34 of the Indian Penal Code. Later on Section 302 IPC was added.
Learned counsel for the petitioners has submitted that petitioners are not named in the F.I.R. The name of these
Patna High Court Cr.Misc. No.40692 of 2018(3) dt.01-08-2018 2/3 petitioners has come in the supervision note of Dy. S.P.. In the written report, it is alleged that petitioners, who are named in the written report, assaulted the informant with lathi and danda. It is further pointed out that other co accused persons have been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 25.4.2018 passed in Cr. Misc no. 17709 of 2018 (Annexure-2).
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 Govindganj P.S. case no. 195 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 1st ACJM, East Champaran, Motihari, 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
Patna High Court Cr.Misc. No.40692 of 2018(3) dt.01-08-2018 3/3 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) shyambihari/- U T