Anik Lal Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.851 of 2018 Arising out of Bhawanipur P.S. Case No. 130 Year-2017 District-Purnea ======================================================

1. Anik Lal Sah, S/o Late Ram Khelawan Sah,

2. Bechan Sah S/o Anik lal Sah,

3. Wakil Sah @ Wokil Sah S/o Anik Lal Sah, All are R/o Village- Madhav Nagar Tirasi, P.S.- Bhawanipur, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Bhawanipur P.S. Case No. 130 of 2017 instituted for the offence under Sections 302/34 of the IPC.

Learned counsel for the petitioners has submitted that as per the written report, on the order of this petitioner, other accused persons have assaulted the informant with butt of rifle. Learned counsel for the petitioner has submitted that petitioner no. 1 is the father-in-law and petitioner nos. 2 and 3 are elder brother-in-law of the deceased.

There is general and omnibus allegation against these petitioners.

Patna High Court Cr.Misc. No.851 of 2018 (3) dt.09-02-2018 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event 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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bhawanipur P.S. Case No. 130 of 2017, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Purnea, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers 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) khushbu/- U T