Anirudh Kumar @ Anirudha Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4244 of 2018 Arising Out of PS. Case No.-119 Year-2017 Thana- PHULWARIA District- Begusarai ======================================================

1. Anirudh Kumar @ Anirudha Kumar son of Shambhu Rai,

2. Shankar Choudhary @ Shankar Kumar @ Fotra, son of Sudhir Choudhary, Both residents of Village- Malti, P.S. Phulwaria, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Phulwaria P.S. case no. 119 of 2017 instituted for the offence under Section(s) 385, 387, 307, 506/34 of the I. P. C. and Section 27 of the Arms Act. It has been submitted that both the parties are gotiya and there is dispute of Rasta between the parties. From the written report itself it appears that there is allegation that petitioner nos.1 and 2 made firing but no injury was sustained by the informant. There is general and omnibus allegation levelled against both the petitioners. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event

Patna High Court Cr.Misc. No.4244 of 2018(2) dt.30-01-2018 2/2 of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Phulwaria 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 learned Judicial Magistrate, Ist Class, Begusarai, 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