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Patna High CourtCR. MISC./28334/2017bail granted

Raj Kumar Sah And ORS v. The State Of Bihar

2017-06-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28334 of 2017 Arising Out of PS.Case No. -300 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Raj Kumar Sah, son of Rajendra Sah,

2. Arbind Sah @ Arbind Kumar Sah, son of Rajendra Sah,

3. Rajendra Sah, son of late Garib Sah, all resident of village- Uttari Hajipur, P.S.- Chitragupta Nagar, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 30-06-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Khagaria (Chitragupta Nagar) P.S. Case No.300 of 2017 instituted for the offence under Section(s) 341, 323, 379, 307, 504/34 Indian Penal Code.

It has been submitted on behalf of the petitioners that petitioner No.3 and the informant are own brothers. Petitioner Nos.1 and 2 are nephews of the informant. Both parties are living in the same premises. Occurrence has taken place on account of repairing of motor of water pump.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.28334 of 2017 (2) dt.30-06-2017 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Khagaria (Chitragupta Nagar) P.S. Case No.300 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, 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) JA/- U T