Golden Tiwari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31577 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================
1. Golden Tiwari, son of Radheyshyam Tiwari, resident of village Rampur, P.S. Sonhan, Distt. Kaimur (Bhabua).
2. Satendsra Chaubey, son of latye Markandey Chaubey, resident of village Miria, P.S. Sonhan, Distt. Kaimur (Bhabua).
3. Bachcha Pandey, son of Awadh pandey, resident of village Mohandarva P.S. Sonhan, Distt. Kaimur (Bhabua). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate. For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Bhagwanpur (Belav) P.S. Case No. 55 of 2017 instituted for the offence under Sections 448, 341, 323, 325, 307, 504 and 379/34 of the Indian Penal Code.
It has been submitted that petitioners are not named in the written report. Their names have been disclosed during investigation by the witnesses other than the injured.
From the written report it appears that petitioners are not named. The Sessions Judge has mentioned in the impugned order that the injured Ramayan Tiwari has not taken the name of these petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of
Patna High Court Cr.Misc. No.31577 of 2017 (2) dt.13-07-2017 2/2 surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bhagwanpur (Belav) P.S. Case No. 55 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 learned Chief Judicial Magistrate, Kaimur at Bhabua, 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.
(Sanjay Priya, J) S.Ali/- U T