Bhagirath Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11786 of 2018 Arising Out of PS.Case No. -282 Year- 2017 Thana -DIGHA District- PATNA ======================================================
1. Bhagirath Prasad, aged about 55 years, S/o- Late Rajendra Rai.
2. Manoj Kumar, aged about 40 years, S/o- Late Rajendra Rai, Both are Resident of Village- Nakta Diara, P.S.- Digha, District- Patna at present Resident of Village- Mica Colony, Yadubanshi Nagar, P.S.- Digha, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Digha P.S. Case No. 282 of 2017 instituted for the offence under Sections 144, 145, 146, 147, 148, 149, 114, 115, 342, 323, 307, 353, 395, 397, 186, 332, 333, 336, 337, 338, 427 and 504 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that in the instant case another co-accused with similar allegation has been granted anticipatory bail by this Court vide order dated 07.03.2018 passed in Cr. Misc. 11150 of 2018. In the written report there is general and omnibus
Patna High Court Cr.Misc. No.11786 of 2018 (3) dt.05-04-2018 2/2 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 Digha P.S. Case No. 282 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 Sub Divisional Judicial Magistrate, Patna, 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