Lalan Bhagat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10198 of 2018 Arising Out of PS. Case No.-551 Year-2017 Thana- BIHTA District- Patna ======================================================
1. Lalan Bhagat, Son of Late Sajiwan Bhagat,
2. Pushpa Devi, Wife of Lalan Bhagat.
3. Pinku Kumar, Son of Late Sajiwan Bhagat.
4. Ajit Kumar, Son of Late Sajiwan Bhagat. All are resident of Village- Lakshmanpur, P.S.- OP Neura (Bihta), District- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar Sinha For the Opposite Party/s :
Mr. SRI BHARAT BHUSHAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Bihta P.S. case no. 551 of 2017 instituted for the offence under Section(s) 341, 323, 504, 379 and 307/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioner nos. 1, 3 and 4 are full brothers of the informant. In the written report it is mentioned that altercation has taken place for taking water from the tap. It is alleged that accused persons assaulted the daughter of the informant with lathi, danda causing head injury and co-accused Pinku Kumar snatched the golden chain from the neck of the daughter of the informant. Learned counsel further submits that the injuries sustained by both the
Patna High Court Cr.Misc. No.10198 of 2018(2) dt.23-02-2018 2/2 injured are simple in nature.
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 Bihta P.S. case no. 551 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 ACJM Danapur, 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) shyambihari/- U T