Yogendra Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41819 of 2017 Arising Out of PS.Case No. -204 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Yogendra Sah,

2. Harendra Sah, Both Sons of Late Chhathu Sah,

3. Suresh Sah

4. Sanjay Sah,

5. Manjay Sah Both Sons of Yogendra Sah, All R/o Village- Chiljhapati Bandhper, P.S.- Sugauli, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Sugauli P.S. Case No. 204 of 2017 instituted for the offence under Sections-436, 354B, 379 & other minor Sections of the Indian Penal Code. It has been submitted that there is no any allegation of specific overt act against petitioner Nos. 1, 2, 3 & 5. The allegation against petitioner No. 4 is that he assaulted the informant with knife causing injury to him. The injury report of the informant is annexed as Annexure-3 to this petition wherein the doctor has found no external injury and only complain of pain has been found. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event

Patna High Court Cr.Misc. No.41819 of 2017 (2) dt.11-09-2017 of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sugauli P.S. Case No. 204 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T