Sujit Ray And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40498 of 2018 Arising Out of PS.Case No. -250 Year- 2018 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================
1. Sujit Ray, son of Suraj Ray
2. Amit Ray
3. Ajay Kumar @ Pappu All sons of Suraj Ray
4. Phool Kumari Devi, W/o Suraj Ray All resident of Village- Jitwarpur Chauth, P.S. Muffasil, DistrictSamastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Mohan Kateryar, Advocate. For the Opposite Party/s : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Muffasil P.S. Case No. 250 of 2018 instituted for the offence under Sections 307, 379, 427, 147, 149, 341, 323, 324, 504 and 506 of the Indian Penal Code.
Counsel for the petitioners has submitted that there is land dispute between the parties. There is case and counter case between them. The instant case is counter blast of Samastipur Muffasil P.S. Case No. 251 of 2018 filed by petitioner No. 4 against the informant and others.
In the instant case there is allegation that accused persons
Patna High Court Cr.Misc. No.40498 of 2018 (3) dt.17-07-2018 2/2 assaulted the informant and his brother.
The injury report has been enclosed as Annexure-3 series which shows that all the injuries found on the person of the injured were simple in nature.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Samastipur Muffasil P.S. Case No. 250 of 2018, 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 learned Additional Chief Judicial Magistrate, Samastipur, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.