Arbind Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44347 of 2018 Arising Out of PS.C.ase No. -387 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Arbind Sah, S/o Ram Chandra Sah,

2. Dhiraj Kumar S/o Sunil Kumar,

3. Neeraj Kumar S/o Sunil Kumar,

4. Manoranjan Kumar Sah @ Manoranjan Kumar S/o Ram Chandra Sah,

5. Shyam Sundari Devi W/o Ram Chandra Sah,

6. Ashok Sah S/o Ram Prasad Sah,

7. Ram Chandra Sah, S/o Late Ram Loki Sah,

8. Laxmi Devi W/o Arbind Sah, All are Resident of Vill.- Panapur Langa, P.S.- Hajipur Sadar in the District of Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Hajipur Sadar P.S. Case No. 387/2017, instituted for the offences punishable under Sections 341, 323, 324, 354, 307, 379, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that both parties are Gotia and land dispute is going on between them. Petitioner no. 1 had also filed a case bearing Hajipur Sadar P.S.

Patna High Court Cr.Misc. No.44347 of 2018 (2) dt.27-07-2018 2/3 Case No. 386/2017 against the informant and others. In the instant case, there is allegation that all these petitioners assaulted the informant and other family members by means of Lathi, sword and other weapons. It is further submitted that a compromise has also taken place between the parties A copy of the compromise petition is enclosed as Annexure-3.

Considering the facts and circumstances of the case, the 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 Hajipur Sadar P.S. Case No. 387/2017, 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 the learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case,

Patna High Court Cr.Misc. No.44347 of 2018 (2) dt.27-07-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J.) Rakhi U T