Babu Lal Singh And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.14878 of 2018 (2) dt.06-04-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14878 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -DARIHAT District- SASARAM (ROHTAS) ======================================================
1. Babu Lal Singh, Son of Sri Gorakh Singh,
2. Rupesh Kumar Yadav @ Ritesh, Son of Sri Sitaram Yadav,
3. Guddu Singh Yadav @ Rohit Kumar, Son of Sri Krishna Singh Yadav,
4. Rajesh Kumar, Son of Sri Sitaram Singh,
5. Krishna Singh Yadav @ Krishna Singh, Son of Sri Brahmdeo Singh,
6. Sitaram Yadav @ Sitaram Singh, Son of Late Rhura Singh Yadav,
7. Ishwar Kumar, Son of Late Ram Chandra Singh,
8. Manoj Singh Yadav @ Maouj Kumar, Son of Sri Sardar Singh,
9. Jimdar Singh Yadav, Son of Late Kumar Singh Yadav, Petitioners no.1 to 9 are resident of Village- Nand Tola Hurka, P.S.- Darihar, DistrictRohtas at Sasaram. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Atul Chandra For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-04-2018 Heard.
The petitioners apprehend arrest in connection with Darihat P.S .Case No.101 of 2017 registered for an offence under Section 307 and other allied sections of the IPC. It has been submitted that the name of the petitioner surfaced on the statement of Chouwkidar that they were involved in illegal mining.
From perusal of FIR, it appears that Chouwkidar has named 35 persons. In addition thereto he has mentioned about the involvement of 34 unknown. It has further been submitted that similarly situated co-accused have been granted anticipatory by a
Patna High Court Cr.Misc. No.14878 of 2018 (2) dt.06-04-2018 coordinate Benches of this Court in Cr.Misc.No.6403 of 2018 and Cr.Misc.No.7327 of 2018.
Learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Rohtas at Sasaram in connection with Darihat P.S.Case No.101 of 2017, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(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 petitionerd will not induce any witness or tamper with the evidence.
(iii) The petitionerd shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U