Patna High CourtCR. MISC./9685/2018bail granted

Pallawee @ Dileep And ANR v. The State Of Bihar

2018-03-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9685 of 2018 Arising Out of PS. Case No.-137 Year-2017 Thana- KHAJEKALLAN District- Patna ======================================================

1. Pallawee @ Dileep, Son of Chunna Prasad,

2. Jitendra, Son of Puttee @ Raju Kumar @ Raj Kumar, Both resident of Khajekalanghat, P.S.- Khajekalan, District- Patna ... Petitioners

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Pramod Kumar, Adv.

For the Opposite Party :

Mr. Dashrath Mehta, APP 157 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2018 Heard the parties.

This is a petition for grant of anticipatory bail for offences under Sections 147, 148, 149, 302 and 201 of the Indian Penal Code.

In the written report it is alleged that these petitioners along with 25 named accused persons and 56 unknown assaulted Prakash Yadav on account of which he died. It has further been submitted that other accused, with similar allegation, have already been granted anticipatory bail by this Court in Cr. Misc. No. 52186 of 2017 by order, dated 21.11.2017, Cr. Misc. No. 7190 of 2018 by order, dated 09.02.2018, and Cr. Misc. No. 6163 of 2018 by order, dated 17.02.2018.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.9685 of 2018(4) dt.26-03-2018 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Khajekalan P.S. Case No. 137 of 2017, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Patna City, Patna, subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners temper 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.