Munnu Sao @ Rahul Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47011 of 2018 Arising Out of PS. Case No.-187 Year-2018 Thana- FATUA District- Patna ======================================================
1. Munnu Sao @ Rahul Kumar aged about 21 years Son of Satyendra Sao
2. Chunnu Sao@ Vikash Kumar aged about 20 years Son of Satyendra Sao Both Residents of Machhariyawan, P.S. Fatuha, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Prasad For the Opposite Party/s :
Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Fatuha P.S.Case No. 187 of 2018, instituted for the offence under Section(s) 147, 323, 341, 379, 504 and 506 of the Indian Penal Code. It is alleged in the written report that the informant went to his land to water the onion crops. In the meantime, he heard noise and went to his boring and found the motor of Ashok Kumar Singh was missing and 7-8 persons were taking away the aforesaid motor. Those persons assaulted the informant when he raised alarm and also snatched his mobile phone and other articles. He has alleged to have identified these petitioners
Patna High Court Cr.Misc. No.47011 of 2018(2) dt.29-08-2018 2/3 among 6-8 persons.
Learned counsel for the petitioners has submitted Ashok Kumar Singh has sworn an affidavit stating therein that these petitioners have not stolen the motor. It has further been submitted that the case has been filed by the informant because petitioners' father and informant are farmers and just before the alleged occurrence some altercation had taken place between the petitioners and informant due to sprinkling of medicine on the onion crops.
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 Fatuha P.S.Case No. 187 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 J.M. 1st Class at Patna City, 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
Patna High Court Cr.Misc. No.47011 of 2018(2) dt.29-08-2018 3/3 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