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Patna High CourtCR. MISC./22550/2019bail granted

Anish Panjiyar v. The State Of Bihar

2019-04-09Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22550 of 2019 Arising Out of PS. Case No.-132 Year-2014 Thana- BELDOUR DistrictKhagaria ====================================================== 1.

Anish Panjiyar, aged about 37 years, male, Son of Bilas Panjiyar Resident of Village-Mali, P.S.-Beldour, District-Khagaria. 2.

Moharjeet Panjiyar, aged about 32 years, male, Son of Ramdhin Panjiyar, Resident of Village-Mali, P.S.-Beldour, District-Khagaria. ... ... Petitioners

Versus

The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Praveen Kumar Agrawal, Advocate.

For the Opposite Party:

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Beldour P.S. Case No. 132 of 2014.

3. It is submitted that the petitioners have been falsely implicated and the thrust of accusation of firing is upon coaccused Dilip Panjiyar and Pramod Yadav. There is no accusation of assault against the petitioners whatsoever. Similarly situated co-accused Bhupendra Kumar @ Bhupendra Panjiyar and Narsing Naryan yadav @ Narsingh Narayan Yadav and Dharmendra Yadav have been granted anticipatory bail by this Court in Cr. Misc. No. 16293 of 2019 and Cr. Misc. No. 13231 of 2019 respectively. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners'

Patna High Court CR. MISC. No.22550 of 2019(2) dt.09-04-2019 2/2 arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Beldour P.S. Case No. 132 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T