Lav Kush Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12352 of 2018 Arising Out of PS.Case No. -434 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================
1. Lav Kush Kumar, son of Sahdev Prasad
2. Sanjay Mahto, son of late Kusho Mahto @ Kosho Mahto
3. Jitendra Kumar, son of Tanik Raut, All resident of village Mayapur, P.S. Katrisarai, Distt. Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate. For the Opposite Party/s : Mr. Ajay Kumar-1,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Giriyak (Katri Sarai) P.S. Case No. 434 of 2017 instituted for the offence under Sections 419, 420, 467, 468, 471 of the Indian Penal Code and Section 66 of the I.T. Act.
Learned counsel for the petitioners has submitted that four persons were arrested by the police from the place of occurrence. Those arrested persons disclosed the name of these petitioners. There is no recovery of any incriminating article from possession of these petitioners.
It is mentioned in paragraph-3 of the bail petition that petitioners have no criminal antecedent.
Patna High Court Cr.Misc. No.12352 of 2018 (2) dt.28-02-2018 2/2 Considering the facts and circumstances of the case, 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 Giriyak (Katri Sarai) P.S. Case No. 434 of 2017, 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 learned Additional Chief Judicial Magistrate 1st, Nalanda at Bihar Sharif, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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.