Patna High CourtCR. MISC./39084/2018bail granted

Bholu And ANR v. The State Of Bihar

2018-07-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39084 of 2018 Arising Out of PS. Case No.-71 Year-2017 Thana- DARAUNDHA District- Siwan ======================================================

1. Bholu, S/o Nagendra Singh,

2. Munan Singh, S/o Shatrughan Singh, Both are resident of Village- Sherpur, P.S.- Daraunda, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Daraunda P.S. Case No. 71 of 2017 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 324, 307, 151, 152 and 353 of the Indian Penal Code.

Petitioners are alleged to be the member of unlawful assembly. There is no allegation of specific overt act against these petitioners. The other co-accused persons of this case has already been granted anticipatory bail by coordinate Bench of this Court vide order dated 10.08.2017 passed in Cr. Misc. No. 36201 of 2017.

In the facts and circumstances of the case, prayer of the

Patna High Court Cr.Misc. No.39084 of 2018(2) dt.04-07-2018 2/2 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 Daraunda P.S. Case No. 71 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 the A.C.J.M.,XI, Siwan 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 move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T