Bhagawan Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47612 of 2018 Arising Out of PS. Case No.-88 Year-2018 Thana- KHAIRA District- Saran ======================================================
1. Bhagawan Rai, son of Late Narayan Rai
2. Pintoo Rai
3. Satendra Rai Both 2 and 3 are sons of Bhagwan Rai resident of Village- Loha Chapra, Police Station- Khaira, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Choudhary Shyam Nandan For the Opposite Party/s :
Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Khaira P.S. case no. 88 of 2018 instituted for the offence under Section(s) 341, 323, 504 and 506/34 of the Indian Penal Code and Section 3⁄4 of Dayan Act.
Learned counsel for the petitioner has submitted that petitioner has clean antecedent. The instant case has been filed due to land dispute. There is general and omnibus allegation against all these petitioners of assaulting the informant and also abusing by calling the informant dayan.
In the facts and circumstances of the case, prayer of the
Patna High Court Cr.Misc. No.47612 of 2018(2) dt.30-08-2018 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 Khaira P.S. case no. 88 of 2018, corresponding to GR No. 3107 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 ACJM-X Saran at Chapra, 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