Patna High CourtCR. MISC./51033/2017bail granted

Jitan Pathak And ORS v. The State Of Bihar

2017-10-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51033 of 2017 Arising Out of PS.Case No. -183 Year- 2017 Thana -SIMRI District- BUXAR ======================================================

1. Jitan Pathak

2. Abhay Shankar Pathak @ Munna Pathak

3. Naveen Shankar Pathak @ Sonu Pathak .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Jee Mishra For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Simri P.S. Case No. 183 of 2017 instituted for the offence under Section-379 & other minor Sections of the Indian Penal Code.

It has been submitted that in the FIR, the specific allegation of making firing is against co-accused Mani Shankar Pathak @ Manoj Pathak who is not petitioner here. There is general and omnibus allegation against these petitioners.

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 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Simri P.S. Case No. 183 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Buxar

Patna High Court Cr.Misc. No.51033 of 2017 (2) dt.18-10-2017 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