Patna High CourtCR. MISC./51744/2016bail granted

Yogendra Choupal And ORS v. The State Of Bihar

2016-12-20Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51744 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Yogendra Choupal S/o Late Luray Choupal.

2. Rundilal Choupal @ Rudilal Choupal S/o Anirudh Choupal

3. Udaykant Choupal @ Udaikant Choupal S/o Late Bishnudeo Choupal All are resident of Village- Katahi, P.S.- Chhatapur, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh Mr.Anil Kumar Mr. R.C. Thakur For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners as well as learned A.P.P. for the State.

This application is for grant of anticipatory bail for the offence under Sections 302 and other Sections of the Indian Penal Code.

The allegation against the petitioners is that they are named in the F.I.R.

It has been submitted on behalf of the petitioners that there is omnibus allegation against the petitioners and nothing specific has been alleged against any of the petitioners. It has further been submitted that the co-accused, having

Patna High Court Cr.Misc. No.51744 of 2016 (2) dt.20-12-2016 2/3 similar allegation, have already been granted benefit of anticipatory bail by this Hon'ble Court, vide order dated 24.11.2016 passed in Cr. Misc. No.47781 of 2016 and the case of the petitioner is similar to those co-accused persons. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that there is omnibus allegation against petitioners and other coaccused, having similar allegation, have already been granted benefit of anticipatory bail, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks, 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 ACJM-II, Supaul in connection with Chhatapur (Rajeshwari O.P.) P.S.Case No.140 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with the further following conditions : - (i) One of the bailers shall be the own/close family members of the petitioners.

In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the court below. In case of default in doing so on two consecutive occasions, without any cogent/satisfactory reason, the trial court shall have liberty to

Patna High Court Cr.Misc. No.51744 of 2016 (2) dt.20-12-2016 3/3 cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Vinod Kumar Sinha, J) chn/- U T