IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29491 of 2010
1.Jitu Baitha, son of late Saryug Baitha
2. Hari Shankar Baitha, son of Jitu Baitha
3. Chetu Baitha, son of Saryug Baitha
4. Prem Shankar Baitha, son of Jitu Baitha, all resident of
village Mirjapur, P.S. Patahi, District East Champaran at
Motihari.
.Versus
STATE OF BIHAR
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2. 06.10.2010 The petitioners apprehend their arrest in Patahi P.S. Case
No. 66 of 2003 under Sections 341, 447, 323, 307, 324, 325, 504/34 of
the Indian Penal Code.
Heard.
Learned counsel for the petitioners submits that the
petitioners had already been allowed anticipatory bail by the learned
Sessions Judge, East Champaran, Motihari vide order dated 18.5.2010
under A.B.A. No. 536 of 2010 on the grounds as detailed in the order
and 20 days time was allowed to the petitioners for surrendering and
filing their bail bonds before the learned C.J.M.
Learned counsel continues to submit that the petitioners
were living outstation and they had gone to Assam for earning their
livelihood and that due to lack of communication, they could not
appear in time and file their bail bonds, therefore, they moved Cr.
Misc. No. 127 of 2010 before the learned Sessions Judge praying for
surrendering and filing bail bonds but vide order dated 6.7.2010 their
prayer was refused by the learned Sessions Judge. Learned counsel
says that this has necessitated for the filing of this anticipatory bail
application before this Court.
2
In the facts and circumstances of the case, in the event of
their surrender/arrest before the court below within the period of four
weeks, the appellants, namely, 1. Jitu Baitha, 2. Hari Shankar Baitha,
3. Chetu Baitha and 4. Prem Shankar Baitha are admitted to
anticipatory bail on furnishing bail bond of Rs. 10, 000/- (ten
thousand) with two sureties of the like amount each to the satisfaction
of Chief Judicial Magistrate, East Champaran at Motihari, in Patahi
P.S. Case No.66 of 2003, subject to the condition as laid down under
Section 438(2) of the Code of Criminal Procedure.
Ravi/- (C. M. Prasad, J.)