Heera Lal Nonia And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34897 of 2018 Arising Out of PS. Case No.-341 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ======================================================

1. Heera Lal Nonia son of Late Sipahi Nonia

2. Modi Nonia @ Vinod Nonia, son of Hira Lal Nonia

3. Radheshyam Nonia son of Late Laxman Nonia, All Resident of Village- Mohuari, P.S. Bhabua (Sonhan), District Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Bhabua ( Sonhan) P.S. case no. 341 of 2018 instituted for the offence under Section(s) 147,148,149,341, 307 504 of the Indian Penal Code and Section 27 of the Arms Act.

In the written report there is specific allegation against co accused Rajesh Nonia of causing injury to the father of the informant. There is no any allegation of specific overt act against these petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event

Patna High Court Cr.Misc. No.34897 of 2018(3) dt.26-07-2018 2/2 of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bhabua ( Sonhan) P.S. case no. 341 of 2018, GR No. 1183 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 CJM, Kaimur at Bhabua, 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