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Patna High CourtCR. MISC./43998/2018bail granted

Ramesh Sahani And ORS v. The State Of Bihar

2018-07-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43998 of 2018 Arising Out of PS. Case No.-147 Year-2017 Thana- BARAULI District- Gopalganj ======================================================

1. Ramesh Sahani, Son of Sajawal Sahani,

2. Guddu Sahani, Son of Bhagwan Sahani,

3. Ramchandra Sahani, Son of Vira Sahani,

4. Bhuteng Mukhiya, Son of Nathuni Bind, All resident of Village- Naya Tola Sarar, P.S.- Barauli, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Prasad For the Opposite Party/s :

Mr. Smt. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Barauli P.S. case no. 147/17 instituted for the offence under Section(s) 147,148,149,186,341, 323, 307, 332, 333, 337, 338, 353, 427 and 504 of the Indian Penal Code.

It is submitted that there is general and omnibus allegation against these petitioners.

In the written report it is alleged that informant has gone to remove encroachment then 50-60 local people armed with lathi, Bhala, Farsa Bamboo, bricks and stone etc. attacked the police party and also made abuses to the police party.

Patna High Court Cr.Misc. No.43998 of 2018(2) dt.25-07-2018 2/2 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 Barauli P.S. case no. 147/17, 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 ACJM XIV, Gopalganj, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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) shyambihari/- U T