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Patna High CourtCR. MISC./45856/2018bail granted

Dasrath Kumar And ORS v. The State Of Bihar

2018-08-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45856 of 2018 Arising Out of PS. Case No.-2 Year-2018 Thana- GHOSBARI District- Patna ======================================================

1. Dasrath Kumar,

2. Ganesh Kumar Both Sons of Dangal Yadav,

3. Amod Kumar @ Anod Kumar,

4. Mani Yadav Both Sons of Mahendra Yadav,

5. Sakal Kumar S/o Prabhu Kumar , All are R/o Vill.- Ram Nagar, P.S.- Ghoswari, District- Patna.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Narayan Singh For the Opposite Party/s :

Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Ghoswari P.S. case no. 2/18 instituted for the offence under Section(s) 147,148, 149, 323, 307, 353 and 504 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners in the written report. From the written report it appears that one person was apprehended by the police. The informant has further alleged that Chowkidar disclosed the name of these petitioners.

In the facts and circumstances of the case, prayer of the

Patna High Court Cr.Misc. No.45856 of 2018(2) dt.16-08-2018 2/2 petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Ghoswari P.S. case no. 2/18 , 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 the ACJM-II, Barh, 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 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) shyambihari/- U T