Shyam Nandan Rai @ Shayam Nandan Patel And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39678 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================
1. Shyam Nandan Rai @ Shayam Nandan Patel,
2. Vikash Kumar Son of Shyam Nandan Rai @ Shayam Nandan Patel, Both R/o Village- Sahtha, P.S.- Bhagwanpur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nityanand For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in connection with Bhagwanpur P.S.Case No.119 of 2017 instituted for the offence under Section(s) 341, 323, 324, 307, 379, 504/34of the Indian Penal Code.
It has been submitted that occurrence has taken place on account of land dispute and the injury is simple in nature. In the written report it is alleged that at the time of measurement of land some altercation took place and petitioner no. 1 assaulted the informant with Kudal on the head. Petitioner no. 2 also assaulted the father of the informant. The injury report is annexed as Annexure-3 to this petition. The doctor has found the injury simple in nature caused by hard and blunt substance.
Patna High Court Cr.Misc. No.39678 of 2017 (2) dt.28-08-2017 2/2 There is no any other allegation against the petitioners 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 Bhagwanpur P.S.Case No. 119 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 Additional Chief Judicial Magistrate, 3rd, Vaishali at Hajipur, 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) N.K/- U