Dinesh Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16042 of 2017 Arising Out of PS.Case No. -332 Year- 2016 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Dinesh Prasad, son of late Buchun San, resident of village- Ramdhan Turha Tola, Bagaha Bazar, P.S.- Bagaha, District- West Chmparan.
2. Bipin Singh, son of late Raj Bali Singh, resident of village- Bagui Tola, P.S.- Bagaha , District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-06-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Bagaha P.S. Case No.332 of 2016 instituted for the offence under Section(s) 147, 148, 149, 323, 427, 379, 354-B, 395 Indian Penal Code.
It has been submitted on behalf of the petitioners that they are not named in the First Information Report. Their name has come during investigation in the supervision note of the SDPO.
As per written report, the accused persons, as named in the written report, along with 300 unknown persons demolished the shop of the informant and others and on protest
Patna High Court Cr.Misc. No.16042 of 2017 (3) dt.23-06-2017 2/3 the miscreants assaulted them by lathi and butt portion of gun and also took away articles worth rupees fifty thousand. The petitioners have mentioned in para 11 of the petition that their names have come during investigation in the supervision note of the SDPO, Bagaha, and in the statement of Amit Kumar.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bagaha P.S. Case No.332 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, 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
Patna High Court Cr.Misc. No.16042 of 2017 (3) dt.23-06-2017 3/3 move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T