Nawlakh Giri And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22296 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nawlakh Giri Son of late Munshi Giri

2. Bidesh Giri Son of late Munshi Giri, Both are resident of Villge- Parsa, Giri tola, PS Sirisia, District West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ambika Bhagat, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 20-05-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in Chanpatia (Sirisia O.P.) P.S. case No.74 of 2015 registered under Sections 147, 148, 149, 341, 323, 324, 307, 302 of the Indian Penal Code and 3(II)(V) of the SC & ST Act, pending before the court of Chief Judicial Magistrate, West Champaran, Bettiah. Considering that the Petitioner No.1 has criminal antecedents, I am not inclined to extend the privilege of anticipatory bail to the petitioner No.1.

His prayer for anticipatory bail is rejected. However, considering the nature of allegations against the Petitioner No.2 and has fair antecedents, let the petitioner No.2

Patna High Court Cr.Misc. No.22296 of 2016 (2) dt.20-05-2016 2/3 above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Chanpatia (Sirisia O.P.) P.S. case No.74 of 2015 on furnishing bail bonds of Rs.5,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner.

Patna High Court Cr.Misc. No.22296 of 2016 (2) dt.20-05-2016 3/3 manner, his bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Anjana Prakash, J) Narendra/- U T