Manoj Chaudhari And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5580 of 2015 Arising Out of PS.Case No. -160 Year- 2012 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Manoj Chaudhari S/o Late Rajendra Chaudhari
2. Prabhu Sah S/o Late Lakhan Sah Resident of Village - Mathiya P.S. - Chhatauni, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. S.Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-02-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 448, 427, 307, 395, 323, 324, 325, 354, 504 and 506 of the Indian Penal Code.
It is alleged in the First Information Report named accused persons and 300-400 unknown persons came variously armed made assault to the family members of the informant and robbed the articles.
It is submitted by the learned counsel for the petitioners that the accusation is not specific against the petitioners and the statement has been made in para-3 of the
Patna High Court Cr.Misc. No.5580 of 2015 (2) dt.11-02-2015 petition that petitioners have no criminal antecedent and the other co-accused namely Lalbabu Sah has been granted bail vide Cr. Misc. No. 5364 of 2014. It is further submitted that the investigation is still not concluded.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, 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, Motihari, East Champaran in connection with Motihari Muffasil P.S. Case No. 160 of 2012, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
The bail bonds of the petitioners shall be accepted by the learned court below on filing affidavit to the effect that they will cooperate in the trial. The said affidavit will be transmitted to the learned court below. The non-cooperation in the trial will give liberty to the learned court below to cancel the bail bond of the petitioners.
(Dinesh Kumar Singh, J) P.K./- U T