Rishideo Sada And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39124 of 2018 Arising Out of PS.Case No. -628 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Rishideo Sada, S/o Prabhu Sada,
2. Shirkhan Sada, S/o Sukar Sada,
3. Sanjay Sada, S/o Yogendra Sada, all resident of village- Rahima, P.S.- Gangaur, District- Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Khagaria (Gangaur) P.S. Case No.628 of 2016 instituted for the offence under Section(s) 420, 379, 427, 341, 504, 506, 385 Indian Penal Code.
It has been submitted that the petitioner has clean antecedents. There is general and omnibus allegation against this petitioner of giving threat and making demand of levy and also of looting away maize crop. Occurrence has taken place due to land dispute.
It has further been submitted that other co-accused, have been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 06.04.2018 passed in Cr. Misc.
Patna High Court Cr.Misc. No.39124 of 2018 (2) dt.05-07-2018 2/2 No.19553 of 2018.
In the facts and circumstances of the case, prayer of the 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 Khagaria (Gangaur) P.S. Case No.628 of 2016, 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 Judicial Magistrate, 1st class, Khagaria, 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 bonds 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) JA/- U T