Rajan Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26605 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -KATEYA District- GOPALGANJ ======================================================

1. Rajan Sah

2. Pramod Sah @ Pramod Kr. Sah @ Pramod Kumar Gond Both Sons of Radha Kishun Sah @ Radha Kisun Gond

3. Bipin Sharma, Son of Jagarnath Sharma

4. Jagarnath Sharma, Son of late Tilak Sharma

5. Bhagan ji Sharma, Son of late Shiv Bachan Sah All are the Resident of Village-Bankariya Tola Kalichhapar, P.S.-Kateya, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Kateya P.S. Case No. 58 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code. It has been submitted that in the written report itself there is specific allegation of overt act against co-accused Hari Kishun Sah. From the written report it appears that general and omnibus allegation has been made against the petitioners. There is specific allegation against Hari Kishun Sah that he assaulted the wife of the informant with Farsa on her head and against Radha Kishun Sah of assaulting the father of the informant on his head with Farsa.

Patna High Court Cr.Misc. No.26605 of 2017 (2) dt.06-07-2017 2/2 Considering the facts and circumstances of the case, 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 Kateya P.S. Case No. 58 of 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 learned Chief Judicial Magistrate, Gopalganj, 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 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, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T