Sunil Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25917 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -BALIA District- BEGUSARAI ======================================================
1. Sunil Sah, Son of Late Madan Sah, Resident of Village- Kasba, Bari Ballia, P.S.- Ballia, District- Begusarai.
2. Rohit Paswan, Son of Late Baldev Paswan, Resident of VillageHussainchak, Hussaina, P.S.- Ballia, District- Begusarai. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Ballia P.S. Case No. 06 of 2018 instituted for the offence under Sections 147, 148, 149, 341, 323, 332, 353 and 307 of the Indian Penal Code. Allegation in the written report is that the petitioners along with other accused persons pelted stones on Police Party by forming an unlawful assembly and damaged the police jeep. This petitioner has been identified in the mob.
Learned counsel for the petitioners has submitted that petitioners have clean antecedent.
Supplementary affidavit has been filed on behalf of the petitioners wherein it is mentioned that the injury found on the person of the injured is simple in nature. Let the supplementary affidavit filed
Patna High Court Cr.Misc. No.25917 of 2018 (2) dt.02-05-2018 2/2 on behalf of the petitioners, be kept on the record. In the written report 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 Ballia P.S. Case No. 06 of 2018, 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 Chief Judicial Magistrate, Begusarai, 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