← Library
Patna High CourtCR. MISC./42840/2017bail granted

Bhushan Kumar And ORS v. The State Of Bihar

2017-09-19Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42840 of 2017 Arising Out of PS. Case No.-204 Year-2015 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Bhushan Kumar son of Ganesh Sah 2.

Anil Sah son of late Raj Kumar Sah 3.

Munna Thakur son of Paras Thakur 4.

Munna Sah son of Bagar Sah 5.

Ramesh Sah son of Bagar Sah 6.

Pannalal Sah son of late Kishori Sah 7.

Sachindra Sah @ Sachindra Sah son of Rajkumar Sah 8.

Bidyajeet Kumar son of Ganesh Sah 9.

Chhathu Sah son of Jhingur Sah

10. Amod Sah son of Ramautar Sah All residents of Village - Godhwa, P.S. - Muffasil Motihari, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhakar Kumar For the Opposite Party/s :

Mr. SRI KUMAR RANJIT RANJAN ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Muffasail P.S.Case N0. 204 of 2015, disclosing offences under Sections 147,148,341,323,353,307,427,504 of the Indian Penal Code.

It is alleged against these petitioners that a police party led by the Informant had gone to arrest petitioner No.1. At the instance of petitioner No.1, other co-accused persons assembled and got petitioner No.1 free from the custody of the

Patna High Court Cr.Misc. No.42840 of 2017(2) dt.19-09-2017 2/3 police. The police wanted to arrest petitioner No.1 in connection with Muffasail P.S. Case No. 327 of 2013.

Petitioner No.1 has been granted anticipatory bail by this Court, subsequently, by an order, dated 14.06.2016, passed in Cr. Misc. No. 24769 of 2016.

On perusal of the said order, I find that the petitioners were implicated because of family dispute in a case registered by the daughter-in-law.

Considering the above submission, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on 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 Sub Divisional Judicial Magistrate, Sadar Motihari East Champaran in Muffasil P.S. Case No. 204 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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,

Patna High Court Cr.Misc. No.42840 of 2017(2) dt.19-09-2017 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U