Manoj Sah @ Sunil Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24827 of 2018 Arising Out of P.S.Case No. -128 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Manoj Sah @ Sunil Sah, S/o Gopalji Sah,
2. Laddu Sah S/o Gopalji Sah,
3. Vidyanand Patel S/o Suraj Patel,
4. Suresh Patel S/o Badal Patel,
5. Singasan Sharma S/o Hardeo Sharma,
6. Rudal Patel S/o Badal Raut ,
7. Rajan Patel S/o Jagarnath Patel,
8. Chunnu Patel S/o Chandra Shekhar Patel,
9. Ambedkar Patel S/o Mohan Patel, All Nine are R/o Vill.- Kadamwa Tola, P.S.- Bettiah, Muffasil, District- West Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Bimlesh Kumar Pandey For the Opposite Party : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-05-2018 Heard.
The petitioners apprehend arrest in connection with Bettiah Muffasil P.S.Case No.128 of 2017 registered for an offence under Section 506 and other sections of the IPC. As per FIR, the informant received information that on account of construction work in the village, the situation between both the community is tense and the informant reached with the police party and found that members of both the communities were adamant to riot. It has been alleged that Chowkidar disclosed the
Patna High Court Cr.Misc. No.24827 of 2018 (2) dt.03-05-2018 2/3 name of these petitioners.
It has been submitted that there is general and omnibus allegation against the petitioners. Their names have been disclosed by the Chaukidar and spy. The petitioners have clean antecedent. The similarly situated co-accused has been allowed anticipatory bail by a coordinate Bench of this Court in Cr.Misc.No.37007 of 2017.
The learned APP opposed the submissions.
Considering the 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, Bettiah, West Champaran, in connection with Bettiah Muffasil P.S.Case No.128 of 2017, subject to the condition 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 petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners 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
Patna High Court Cr.Misc. No.24827 of 2018 (2) dt.03-05-2018 3/3 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 T