Lal Babu Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4745 of 2018 Arising Out of PS.Case No. -114 Year- 2017 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Lal Babu Sah, Son of Late Surendra Sah.
2. Arvind Sah, Son of Late Surendra Sah.
3. Achhelal Sah, Son of Chandrika Sah.
4. Laichi Kuer, Wife of Surendra Sah.
5. Bhuti Sah, son of Chandrika Sah.
6. Rana Sah, son of Late Janakdhari Sah,
7. Suresh Sah @ Shuneshwar Sah, Son of Hira Sah, All Resident of Village- Laguniya, P.S.- Paharpur, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-03-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Paharpur P.S. Case No. 114 of 2017 instituted for the offence under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code and Sections 3/4 Dian Act.
Learned counsel for the petitioners has submitted that there is case and counter case between the parties. Paharpur P.S. Case No. 113 of 2017 was registered by wife of co-accused Maya Sah. In the instant case the allegation against petitioner Nos. 3, 6
Patna High Court Cr.Misc. No.4745 of 2018 (3) dt.30-03-2018 2/3 and 7 is of assaulting the informant and his family members. Case diary has been received.
The injury report of the injured is available in paragraph 10 of the case diary wherein the Doctor has found injury on the person of injured to be simple in nature. Learned counsel for the petitioners has submitted that co-accused Maya Singh has already been granted anticipatory bail by this Court vide order dated 05.02.2018 passed in Cr. Misc. 59199 of 2017.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Paharpur Case No. 114 of 2017, they shall 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 learned Chief Judicial Magistrate, East Champaran at Motihari, 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 cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two
Patna High Court Cr.Misc. No.4745 of 2018 (3) dt.30-03-2018 3/3 consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- U T