Patna High CourtCR. MISC./9858/2017bail granted

Kanhaiya Prasad And ANR v. The State Of Bihar

2017-03-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9858 of 2017 Arising Out of PS.Case No. -370 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Kanhaiya Prasad, son of Jitan Prasad

2. Sonu Kumar, son of Kanahaiya Prasad, both residents of village Matihani Nayan, P.S. Mirganj, District Gopalganj .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Prasad, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Mirganj P.S.Case No. 370 of 2016 registered for the offences punishable under Sections 341, 323, 325 and 307/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is case and counter case and injuries from both sides and the injuries on the person of the informant side are simple except one, i.e., on forearm and petitioners are in custody since 3.12.2016. Heard learned APP also.

Having heard both sides and considering the fact that there is case and counter case and injuries from both sides, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two

Patna High Court Cr.Misc. No.9858 of 2017 (2) dt.01-03-2017 2/2 sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XVI, Gopalganj, in connection with Mirganj P.S.Case No. 370 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of their bail.

(Vinod Kumar Sinha, J) spal/- U