Bamshankar Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47948 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -SRI NAGAR District- MADHEPURA ======================================================
1. Bamshankar Jha, Son of Bhim Shankar Jha.
2. Bhushan Jha, Son of Late Hemchandra Jha.
3. Neta Jha, Son of Nirmal Kumar Jha, All residents of Village- Belasadi, P.S.- Srinagar, District- Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Sri Nagar P.S. Case No. 68 of 2017 instituted for the offence under Sections-379, 384 & other minor Sections of the Indian Penal Code.
It has been submitted that the instant case has been filed due to election dispute.
In the written report, there is general and omnibus allegation that the petitioners made demand of rangdari and also took away Phillips radio and golden chain.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on
Patna High Court Cr.Misc. No.47948 of 2017 (2) dt.17-10-2017 2/2 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sri Nagar P.S. Case No. 68 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Madhepura subject to condition as laid down u/S 438(2) of the 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.
(Sanjay Priya, J) A.K.V./- U T