Chhotey Lal Rajbansi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12444 of 2018 Arising Out of PS.Case No. -149 Year- 2017 Thana -WAJIRGANJ District- GAYA ======================================================
1. Chhotey Lal Rajbansi, son of Fagu Rajbansi
2. Upendra Rajbansi
3. Naresh Rajbansi
4. Ravindra Rajbansi All are sons of Chhotey Lal Rajbansi
5. Munya Devi, wife of Chhotelal Rajwansi All resident of village Manghgawan, P.S. Wagirganj, Distt. Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nand Kishore Prasad Sinha, Advocate For the Opposite Party/s : Md. Ashlam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Wajirganj P.S. Case No. 149 of 2017 instituted for the offence under Sections 143 and 379 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is land dispute between the parties. There is allegation in the written report that informant informed the petitioners and other accused persons that order has been passed by Sub Judge, 7th, Gaya, and Additional Judge 7th, Gaya not to go over the land, even then, accused persons did not obey the order of the court. They seized and stopped to cut the crops.
Patna High Court Cr.Misc. No.12444 of 2018 (2) dt.28-02-2018 2/2 As such, there is general and omnibus allegation against the petitioners.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Wajirganj P.S. Case No. 149 of 2017, 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 learned Additional Chief Judicial Magistrate, 1st, Gaya, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- U T