Manish Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12714 of 2018 Arising Out of PS.Case No. -547 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Manish Kumar, son of Mahesh Sharma @ Munna Sharma,

2. Bikash Kumar, son of Mahesh Sharma @ Munna Sharma, &

3. Sonu Kumar, son of Mahesh Sharma @ Munna Sharma, all resident of Mohalla-Marwari Mohalla Goushala Road, Ward No.22, P.S.-Town, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Town P.S. Case No.547 of 2017 instituted for the offence under Section(s) 341, 323, 384, 386, 504, 506/34 Indian Penal Code. Prosecution case is that all these petitioners surrounded the informant and made demand of Rangdari after assaulting him. It is alleged that petitioner no.2 assaulted the informant with butt of pistol. Accused persons also took away rupees thirty two thousand and one gold chain from the possession of the informant.

Injury report of the informant has been filed by the petitioners by filing Supplementary Affidavit, wherein, doctor

Patna High Court Cr.Misc. No.12714 of 2018 (2) dt.06-03-2018 2/2 has found simple injury on the person of the informant. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Town P.S. Case No.547 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 the Chief Judicial Magistrate, Begusarai, 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 bonds 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.