Ramchandra Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51346 of 2017 Arising Out of PS.Case No. -178 Year- 2017 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Ramchandra Sah, S/o Motilal Sah,
2. Gyanti Devi W/o Suresh Sah, Both are R/o Village- Thadwa Nandpur, P.S.- Bairiya, District- Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Adv. For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Bairiya P.S. Case No. 178/2017 instituted for the offence under Sections 147, 148, 149, 342, 323, 324, 326, 307 and 504 of the Indian Penal Code.
It has been submitted by the learned counsel for the petitioners that there has been free fight between both the parties having case and counter case. Co-accused Suresh Sah has filed Bairiya P.S. Case No. 196/2017 against the informant and others. There is general and omnibus allegation against these petitioners. Injuries found on the persons of the injured were simple in nature except one injury found on palm of one of the injured Chunnu Kumar which was opined to be grievous.
Patna High Court Cr.Misc. No.51346 of 2017 (2) dt.08-11-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners are allowed. In the event of surrender/arrest of the petitioners named above, within six weeks from today, in connection with Bairiya P.S. Case No. 178/2017, they shall be enlarged 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 learned Chief Judicial Magistrate, Bettiah, West Champaran, subject to the conditions as laid down under Section 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) Vinita/- U T