Dular Sao And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40725 of 2018 Arising Out of PS.Case No. -51 Year- 2018 Thana -IMAMGANJ District- GAYA ======================================================
1. Dular Sao, S/o Late Kalicharan Sao @ Kali Sao,
2. Jawahar Sao, S/o Late Bandhu Sao,
3. Brajesh Yadav, S/o Ram Swarup Yadav,
4. Rajesh Yadav, S/o Ram Swarup Yadav, All R/o Vill.- Padariya, P.O.- Imamganj, District- Gaya, Bihar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Imamganj P.S. Case No. 51 of 2018 instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 324, 337, 353, 307 and 427 of the Indian Penal Code.
Counsel for the petitioners has submitted that although the petitioners are named in the First Information Report there is no allegation of any specific overt act against them. There is general and omnibus allegation against the petitioners. It is mentioned in paragraph-3 of the bail petition that petitioners have no criminal antecedent.
Patna High Court Cr.Misc. No.40725 of 2018 (2) dt.16-07-2018 2/2 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 in Imamganj P.S. Case No. 51 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 learned Sub Divisional Judicial Magistrate, Sherghati, District - Gaya, 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 bond 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) S.Ali/- Rohit Kr.
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