Bajrang Kumar And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13473 of 2016 Arising Out of PS.Case No. -108 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. BAJRANG KUMAR, Son of Pampali Prasad @ Pramod Kumar,
2. MD. ISHRAFIL @ JUGUNU Son of Abdul Razaque Both residents of village- Ghorasahan, P.S.- Ghorasahan, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 05-04-2016 Heard.
The petitioners apprehend their arrest in a criminal prosecution registered under Sections 307, 353, 120B and some other minor or bailable offences under the Indian Penal Code. Taking into consideration the fact that the petitioners are not named in the FIR vide Annexure-1 as accused persons and also taking into consideration the fact that some other co-accused persons, who are named in the FIR, have been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vides orders as contained in Annexure-2 and 2/1, this Court is inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. Accordingly, their prayer for grant of anticipatory bail is allowed.
In the event of their arrest or surrender in the court below within a period of four weeks from today, let the above named petitioners be enlarged on bail on furnishing bail bond of
Patna High Court Cr.Misc. No.13473 of 2016 (2) dt.05-04-2016 Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 108 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and subject to further conditions that:
(A) One of the bailors must be government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;
(C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners.
Arvind/- (Birendra Prasad Verma, J) U T