Budhan Prasad @ Budhdeo Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42694 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================

1. Budhan Prasad @ Budhdeo Singh, S/o Surender Prasad, resident of village- Bilaru Mathia, P.S. Deokund, District- Aurangabad.

2. Janeshwar Prasad Singh, S/o Late Inderdeo Singh, resident of villageSheobhajan Bigha, P.S. Haspura, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Haspura P.S. Case No.80 of 2017 instituted for the offence under Section(s) 447, 341, 323, 307, 379, 354-A, 354-B, 427, 325, 504, 506/34 Indian Penal Code.

It has been submitted that the occurrence has taken place on account of land dispute. There is allegation against petitioner No.1 that he damaged the device of making earthen pots. Allegation against the petitioner No.2 is of snatching chain from the wife of the informant.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.42694 of 2017 (2) dt.08-09-2017 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Haspura P.S. Case No.80 of 2017, 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 SubDivisional Judicial Magistrate, Daudnagar, Aurangabad, 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) JA/- U T