Kallu Kumar @ Kalu Kr. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10641 of 2017 Arising Out of PS.Case No. -123 Year- 2016 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Kallu Kumar @ Kalu Kr., son of Pappu Mandal, resident of village Baruraj, P.S. - Baruraj, District - Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.10322 of 2017 Arising Out of PS.Case No. -123 Year- 2016 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Munna Ahamad, Son of Sarfaraj Ahamad, resident of village - Baruraj, P.S. Baruraj, District - Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.10641 of 2017) For the Petitioner/s : Mr. Arvind Kumar, Advocate. For the Opposite Party/s : Mr. Nand Kishore Pd., A.P.P. (In Cr.Misc. No.10322 of 2017) For the Petitioner/s : Mr. Arvind Kumar, Advocate. For the Opposite Party/s : Mr. Nand Kishore Pd, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-04-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Baruraj P.S. Case No. 123 of 2016 instituted for the offence under Sections 341, 323, 504, 379 and 307/34 of the Indian Penal Code. There is allegation against the petitioner that on the
Patna High Court Cr.Misc. No.10641 of 2017 (3) dt.28-04-2017 2/3 date of occurrence he along with Munna Ahamad and Arif Ahamad, assaulted the informant and other students of the school with Shisham Danda and stones.
It has been submitted on behalf of the petitioners that due to village politics, name of these petitioners have come. Case diary has been received.
Learned A.P.P. has submitted that injury found on the persons of the injured are simple in nature.
In such circumstances, 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 Baruraj P.S. Case No. 123 of 2016, 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 Sri Amit Kumar Tiwari, Judicial Magistrate, 1st Class, Muzaffarpur, 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
Patna High Court Cr.Misc. No.10641 of 2017 (3) dt.28-04-2017 3/3 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) S.Ali/- U T