Bindeshwar Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3664 of 2018 Arising Out of PS.Case No. -47 Year- 2016 Thana -PHULPARAS District- MADHUBANI ======================================================
1. Bindeshwar Sah Son of Barish Lal Sah
2. Ram Chalitar Sah @ Ram Chalit Sah @ Chalitra Sah @ Ram Charitra Sah Son of Gopal Sah
3. Lal Mohan Sah @ Lal Mohan Sahu Son of Ram Chalitar Sah All residents of Village - Ram Nagar (Sariyali), P.S.Phulparas, District - Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Phulparas P.S.Case No.47 of 2016 dated 11.2.2016 , registered for offences punishable under Sections 147, 148, 149, 323, 427 & 337 of the Indian Penal Code.
Allegation against the petitioners, as per FIR, is that when in view of the order of the court of J.M. Ist Class, Barasat, the police went to execute the order, the villagers assaulted the police personnel.
Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners
Patna High Court Cr.Misc. No.3664 of 2018 (2) dt.02-02-2018 2/2 and another co-accused persons, having similar allegation, has been granted privilege of anticipatory bail by the court below. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Jhanjharpur, Madhubani in connection with Phulparas P.S.Case no.47 of 2016 dated 11.02.2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bond. (Vinod Kumar Sinha, J) chn/- U T