Shakti Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8614 of 2018 Arising Out of PS.Case No. -536 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. Shakti Kumar, S/o Munna Sah,

2. Mahendra Sah, S/o Ramkishan Sah,

3. Sukhiya devi, W/o Mahendra Sah, all resident of village-Punsiya Bandh, P.S.-Rajoun, District-Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Rajoun P.S. Case No.536 of 2017 instituted for the offence under Section(s) 341, 323, 307, 379, 504/34 Indian Penal Code. It is alleged in the written report that petitioner no.1 assaulted Ramesh Kumar, son of the informant with lathi on the head. It is further alleged that petitioner nos.1, 2 and 3 also assaulted the informant.

Case diary has been received in which injury report is available, wherein, doctor has found one lacerated wound of size 3" x 1" x 1⁄2" caused by hard and blunt substance. There is no repetition of blow.

Patna High Court Cr.Misc. No.8614 of 2018 (3) dt.23-03-2018 2/2 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 Rajoun P.S. Case No.536 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, Banka, 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.