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Patna High CourtCR. MISC./39972/2017bail granted

Sunil Kumar Yadav And ANR v. The State Of Bihar

2017-08-30Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.39972 of 2017 (2) dt.30-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39972 of 2017 Arising Out of PS.Case No. -184 Year- 2017 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Sunil Kumar Yadav, Son of Late Gouri Shankar Yadav.

2. Manoranjan Kumar @ Mantu Kumar, Son of Sunil Kumar Yadav. Both residents of Village- Tamaut Parsa, Police Station- Murliganj, DistrictMadhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durgesh Kumar For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Murliganj P.S. Case No. 184 of 2017 instituted for the offence under Sections-307, 354(B), 379, 380/34 & other minor Sections of the Indian Penal Code. It is alleged in the written report that the petitioner No. 1 assaulted with iron rod on the head of the informant and petitioner No. 2 pressed the neck of the informant with help of thick Baddhi. The learned Sessions Judge has mentioned in the impugned order that the injury report of the injured is available in para-10 of the case diary wherein the doctor has found two injuries on the person of the injured and both the injuries are found to be simple in nature. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their

Patna High Court Cr.Misc. No.39972 of 2017 (2) dt.30-08-2017 arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Murliganj P.S. Case No. 184 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Madhepura subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T