Harendra Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26748 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Harendra Prasad, S/o Late Mangal Prasad.
2. Bidya Sagar @ Bidya Sagar Kumar @ Bidya Sagar Prasad, S/o Harendra Prasad,
3. Bhola Prasad S/o Harendra Prasad All resident of Village- Chuhari, P.S.- Chanpattia, District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners, learned counsel for the informant and the State.
The petitioners apprehend their arrest in Chanpatia P.S. Case No. 51 of 2017 instituted for the offence under Sections 385 and 387 of the Indian Penal Code.
It has been submitted that petitioner No. 1 is nephew of the informant whereas the petitioner Nos. 2 and 3 are sons of the petitioner No. 1.
It is alleged in the written report that the informant tried to construct Boundary wall over his land then his agnates (Pattidar) and his two sons raised objection and made demand of
Patna High Court Cr.Misc. No.26748 of 2017 (2) dt.06-07-2017 2/3 Rs.5,00,000/- as rangdari.
From the written report it appears that the dispute is purely of civil in nature.
Learned counsel for the opposite party No. 2 has appeared and opposed the prayer for anticipatory bail of the petitioner.
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 Chanpatia P.S. Case No. 51 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 Chief Judicial Magistrate, Bettiah, West Champaran, 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,
Patna High Court Cr.Misc. No.26748 of 2017 (2) dt.06-07-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T