Laddu Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40993 of 2016 Arising Out of PS.Case No. -258 of 2015 Thana -Madhepura Compalint Case District- Madhepura ======================================================

1. Laddu Sah

2. Shiv Chatritra Sah

3. Gru Sharan Sah @ Gru Charan Sah @ Guru Charan Sah All Sons of Kamleshwari Sah Resident of Phulat, Police Station-Chausa (Phulaut O.P.), District-Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Yogendra Mehta S/o Late Jhingru Mehta Resident of Village-Phulaut, Police Station-Chausa (Phulaut O.P.), District-Madhepura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlesh Kumar Sharma Mr. Kundan Bahadur Singh For the State : Mr. Nirmal Kumar Sinha For O. P. No.. 2 : Ms. Anju Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-12-2016 Heard learned Counsel for the petitioners, learned Counsel appearing on behalf of Opposite Party No. 2 and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 258 of 2015, alleging offences under Sections 420, 467, 468, 504 and 506 of the Indian Penal Code.

It is not in dispute that in similar circumstance, another co-accused, namely, Umesh Sah, has been granted regular bail by the court below. It further appears that by an order, dated 26.09.2016, the petitioners were granted provisional bail during the pendency of the present

Patna High Court Cr.Misc. No.40993 of 2016 (5) dt.14-12-2016 2/2 application.

There is nothing to show that the petitioners have misused the privilege of provisional bail, so granted. Considering the nature of dispute and allegations as contained in the complaint petition, this application is allowed.

Let the petitioners, namely, Laddu Sah, Shiv Chatritra Sah and Gru Sharan Sah @ Gru Charan Sah @ Guru Charan Sah, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Uda Kishunganj, Madhepura, in connection with Complaint Case No. 258 of 2015.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √