Prabhash Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7094 of 2018 Arising Out of PS.Case No. -827 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Prabhash Kumar, Son of Ramsagar Yadav @ Ramgar Yadav,

2. Ajay Kumar, Son of Rajendra Yadav,

3. Anurag Kumar, Son of Ajay Kumar, All Resident of Village- Kumharchakki, Police Station- Khagaria (Muffasil), District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and learned counsel for the opposite party.

Petitioners apprehend arrest in connection with Khagaria (Muffasil) Police Station Case No. 827 of 2017 registered for the offences under sections 147, 149, 341, 323, 307, 504, 379 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the petitioners are agnates of the informant. Petitioner no. 1 is a Teacher in Primary School. Petitioner no. 2 is an Assistant in a College and petitioner no. 3 is a student who is studying at Haryana. The allegation of assault is omnibus. The allegation against the petitioner no. 1 is of snatching Rs.12,000/- from the possession of the informant. The petitioner

Patna High Court Cr.Misc. No.7094 of 2018 (2) dt.27-02-2018 2/3 nos. 2 and 3 allegedly assaulted the informant by iron rod and butt of pistol. The injury report, which is annexed as Annexure-3 to this application, shows that the injured sustained simple injury. There is land dispute between the parties.

The learned counsel for the opposite party on the other hand opposed the submission.

Considering the omnibus allegation, facts and circumstances of the case, the prayer for bail is allowed and the above named petitioners in the event of arrest or surrender before the learned court below within six weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) Police Station Case No. 827 of 2017, subject to condition as laid down under section 438(2) Cr.P.C. with further condition:

(1)One of the bailors of the petitioners shall be Local person having sufficient immovable Property within the jurisdiction of the concerned Court.

(2)The petitioners will not induce any witness or tamper with the evidence.

(3)The petitioners shall cooperate in the disposal of trial and make themselves available as and when

Patna High Court Cr.Misc. No.7094 of 2018 (2) dt.27-02-2018 3/3 required by the court.

(4)If the petitioners are found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of their bail. (Sanjay Kumar, J) Mahesh/- U T