Mohan Sah @ Mohan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44352 of 2018 Arising Out of PS.C.ase No. -244 Year- 2017 Thana -MADHUBAN District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Mohan Sah @ Mohan Singh S/o Asharfi Sah, R/o Vill.- Mangruwasa, P.S.- Madhuban, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2018 Learned counsel for the petitioner is given permission to make necessary correction in the father's name of the petitioner during course of the day.
Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Madhuban P.S. Case No. 244/2017, instituted for the offences punishable under Sections 144, 188, 341, 435, 353, 427, 504 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioner has submitted that one Electric Mechanic got electrocuted while he was repairing electric connection and thereafter several persons pressurized the
Patna High Court Cr.Misc. No.44352 of 2018 (2) dt.27-07-2018 2/3 shopkeepers to close their shops and blocked the road. The petitioner is also named as one of the member of aforesaid unlawful assembly. Other accused persons have already been granted anticipatory bail by Co-ordinate Benches of this Court in Cr. Misc. Nos. 8866/2018 dated 21.02.2018, 7542/2018 dated 15.02.2018, 10904/2018 dated 27.02.2018 and 11514/2018 dated 27.02.2108.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Madhuban P.S. Case No. 244/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, East Champaran at Motihari, subject to the conditions as laid down under Section 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) petitioner 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 petitioner and (3) if
Patna High Court Cr.Misc. No.44352 of 2018 (2) dt.27-07-2018 3/3 petitioner 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 petitioner.
(Sanjay Priya, J.) Rakhi U T