← Library
Patna High CourtCR. MISC./53139/2017bail granted

Prabhu Pal And ORS v. The State Of Bihar

2018-01-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53139 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Prabhu Pal son of Rameshwar Pal

2. Suresh Pal son of Rameshwar Pal

3. Reena Devi wife of Brij Mohan Pal

4. Kaushalya Devi wife of Sheo Mangal Pal

5. Ramawati Devi wife of Pramod Pal All are resident of village- Ghogha, P.S. Gopalpur, Dist.-West Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-01-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Gopalpur P.S. Case No.60 of 2017 instituted for the offences under sections 147, 148, 149, 341, 323, 324, 307, 354(B), 504, 506 and 379 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is general and omnibus allegation against them. The specific allegation of assaulting Nandlal Pal with iron rod is against coaccused Manager Pal and Pradeep Pal. Considering the facts and circumstances of the case, let the petitioners above named in the event of surrender within six

Patna High Court Cr.Misc. No.53139 of 2017 (4) dt.29-01-2018 2/2 weeks from the date of receipt of this order, in connection with Gopalpur P.S. Case No.60 of 2017 shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, 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 co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) Amit/- U T