Shambhu Kumar @ Shambhu Nath And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46866 of 2017 Arising Out of PS.Case No. -1905 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Shambhu Kumar @ Shambhu Nath,
2. Navin Kumar,
3. Raju Kumar, All are son of Late Sakaldeo Prasad @ Sakaldeo Pujari,
4. Guddu Kumar, Son of Bhuneshwar Ray, All are resident of MohallaDawarika Mandir Lane, P.S.- Sri Krishnapuri, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Smt. Asha Kumari, Wife of Ram Vinay Ray, Resident of MohallaDawarika Mandir Lane, P.S.- Sri Krishnapuri, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered under Sections 384, 386,382, 394 and 354/34 of the Indian Penal Code.
As per complaint case, when the house of the complainant was being constructed, these petitioners along with other unknown persons started abusing and raised objection and also started firing.
Patna High Court Cr.Misc. No.46866 of 2017 (2) dt.09-10-2017 2/3 Counsel for the petitioners has submitted that for the same piece of land Title Suit is pending between the parties.
Considering the aforesaid facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. Let the above named petitioners, in the event of their arrest/surrender in the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/( ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Pravin Kumar Singh, learned Judicial Magistrate, 1st Class., Patna, in Complaint Case no. 1905C/2016, subject to the conditions as laid down u/s 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
Patna High Court Cr.Misc. No.46866 of 2017 (2) dt.09-10-2017 3/3 bail bonds of the petitioners and (3) if petitioners tamper with the evidence or with witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
Learned counsel for the complainant submits that the petitioners are already on police bail under Section 41 Cr.P.C.
(Sanjay Priya, J) singh/- U T