Prabhu Dayal Gupta @ Prabhu Saw And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28472 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================
1. Prabhu Dayal Gupta @ Prabhu Saw, s/o late Babu Ram Saw @ Babu Ram Gupta, r/o Purani Munsafi, P.S. Aurangabad(Town), District Aurangabad,
2. Naween Kumar Sinha,
3. Kavi Kumar, both s/o late Bipin Prasad Sinha, r/o village Biratpur, Sharnidhar Road, P.S. Aurangabad(Town), District Aurangabad,. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Aurangabad (Town) P.S. Case No.97 of 2018 instituted for the offence under Section(s) 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153-A, 295-A, 379 Indian Penal Code.
It has been submitted that there is general and omnibus allegation against the petitioners.
In the written report, it is alleged that on the eve of Ramnawami some altercation had taken place between members of two communities.
From the written report itself, it appears that no
Patna High Court Cr.Misc. No.28472 of 2018 (2) dt.09-05-2018 2/2 person of either side has received any injury. 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 Aurangabad (Town) P.S. Case No.97 of 2018, 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 Chief Judicial Magistrate, Aurangabad, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- U T