Manish Kumar Jha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29690 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -GHOGHARDIHA District- MADHUBANI ======================================================

1. Manish Kumar Jha, Son of Suresh Jha

2. Ganesh Kumar jha, Son of Dinesh Jha,

3. Batsal Jha @ Batsal Kumar, Son of Bechan Jha @ Bochan Jha,

4. Govind Jha, Son of Manghu Jha,

5. Suresh Jha, Son of Late Abhay Nath Jha, All Resident of Village - Ghogardiha, P.S.-Ghoghardiha, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Ahtash Ali Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Ghoghardiha P.S. Case No. 27 of 2017 instituted for the offence under Sections 147, 148, 149, 188, 189, 290, 341, 323, 332 and 353 of the Indian Penal Code. In the written report it is alleged that these petitioners along with 25-30 unknown persons caused obstruction in discharging duty of the Police personnel and also attacked on them, but anyhow the police party controlled the situation at the place of occurrence. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent. From the written report itself it appears that there is general and omnibus allegation against the petitioner.

Patna High Court Cr.Misc. No.29690 of 2017 (2) dt.07-07-2017 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 Ghoghardiha P.S. Case No. 27 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 Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani, 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