Dhananjay Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67455 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- BIHIA District- Bhojpur ======================================================

1. Dhananjay Prasad,

2. Bindhyachal Prasad, Both Sons of Shiv Shankar Prasad, Resident of Village- Benwaliya, Police Station- Bihiya, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Heard the parties.

The petitioners seek regular bail in connection with Bihiya P.S.Case No.72/18 registered for offences punishable under Sections 341, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner no.1 is of abusing the informant along with the other accused persons and against the petitioner no.2 is of firing.

Submission of the learned counsel for the petitioners is that the injuries are simple in nature, which will appear from Annexure 2 and they are in custody for more than three months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.67455 of 2018(2) dt.28-11-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM 5th, Bhojpur at Arrah in connection with Bihiya P.S.case no.72 of 2018 registered on 6.3.2018..

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

(iii) The petitioner shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U