Sanjay Rajvanshi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14844 of 2018 Arising Out of PS.Case No. -213 Year- 2016 Thana -AKBARPUR District- NAWADA ======================================================
1. Sanjay Rajvanshi, S/o Late Babulal Rajbanshi,
2. Ranjay Rajvanshi @ Ranjan @ Ranjan Rajvanshi, S/o Late Babulal Rajvanshi, Both resident of Village/Mohalla- Kanauj, P.S.- Akbarpur, DistrictNawada. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Akbarpur P.S. Case No. 213 of 2016 instituted for the offence under Sections 364/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the instant case is a counter blast of Akbarpur P.S. Case No. 214 of 2016 filed by the mother of the petitioners against the informant and other accused persons. It has further been submitted that there is land dispute between the parties.
It is mentioned in the written report that victim (father of the petitioners) has been recovered and has given statement under Section 164 Cr. P.C. wherein he has alleged that these petitioners got identified him to the two kidnappers. As such, in the statement recorded
Patna High Court Cr.Misc. No.14844 of 2018 (3) dt.26-04-2018 2/2 under Section 164 Cr. P.C. there is no specific allegation against the petitioners of kidnapping the victim i.e. the father of 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 Akbarpur P.S. Case No. 213 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 learned Additional Chief Judicial Magistrate-I, Nawada, 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.