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Patna High Court - Orders

Suresh Soni @ Suresh Kumar & Anr vs The State Of Bihar on 23 August, 2017

Author: Sanjay Priya

Bench: Sanjay Priya

      Patna High Court Cr.Misc. No.38708 of 2017 (2) dt.23-08-2017




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.38708 of 2017
                    Arising Out of PS.Case No. -147 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI
                   ======================================================
                   1. Suresh Soni @ Suresh Kumar, Son of Dasrath Soni, Resident of Main
                   Road Begusarai, P.S.- Town, District- Begusarai.
                   2. Ranjit Soni @ Ranjeet Kumar Soni, Son of Girdhar Prasad Soni, Resident
                   of Village- Chatti Road Begusarai, P.S.- Town, District- Begusarai.

                                                                                 .... ....   Petitioner/s
                                                          Versus
                   1. The State of Bihar.

                                                                     .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :  Mr. Jai Prakash Singh
                   For the Opposite Party/s   : Mr. Sri Shyam Kumar Singh
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                   ORAL ORDER

2   23-08-2017

Heard learned counsel for the petitioners and the State.

The petitioners apprehend arrest in Begusarai Town P.S. Case No. 147 of 2016 instituted for the offence under Sections-188, 290, 353 & other minor Sections of the Indian Penal Code and Sections-3/9 of Loud Speaker Act, 1955.

It is alleged against these petitioners that they along with 17 other persons named in the written report, have organized a Dharna Pradarshan and caused obstruction to the traffic.

In paragraph-3 of the petition, it has been mentioned that the petitioners have no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of Patna High Court Cr.Misc. No.38708 of 2017 (2) dt.23-08-2017 receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Begusarai Town P.S. Case No. 147 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Begusarai subject to condition as laid down u/S 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) 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) A.K.V./-

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