Jailal Ram @ Jailal Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38988 of 2018 Arising Out of PS.Case No. -81 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Jailal Ram @ Jailal Sah, s/o Raja Ram @ Raja Ram Ram,
2. Shiv Sah @ Shiv Jee Sah, s/o late Charitar Sah, Both Residents of Village- Tetariya, P.S.- Rajepur, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s: Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Rajepur P.S. Case No.81 of 2016 instituted for the offence under Section(s) 143, 144, 145, 147, 148, 149, 151, 152, 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 504 and 342 Indian Penal Code. Learned counsel for the petitioners submits that there is general and omnibus allegation against the petitioners. The name of petitioners has come in the First Information Report as members of unlawful assembly.
It has further been submitted that other co-accused have been granted anticipatory bail by this Court by order dated
Patna High Court Cr.Misc. No.38988 of 2018 (3) dt.18-07-2018 2/2 30.03.2018 passed in Cr. Misc. No.16948 of 2018. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Rajepur P.S. Case No.81 of 2016, 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 the SubDivisional Judicial Magistrate, Sadar, East Champaran, 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 consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- Rohit Kr.
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