Gauri Kant Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39690 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -PHULPARAS District- MADHUBANI ====================================================== 1.Gauri Kant Prasad son of Sukhdeo Kamat
2. Satya Nnarayan Prasad son of Abadh Lal Kamat
3. Indra Narayan Kamat son of Batahu Kamat all resident of villageSuryahi, P.S- Laukahi, dist- Madhubani .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in connection with Phulpras P.S.Case No.111 of 2017 instituted for the offence under Section(s) 147, 148, 149, 323, 326, 307, 427, 504 of the Indian Penal Code and 27 of the Arms Act.
It has been submitted on behalf of the petitioner that there is no specific allegation against these petitioners of causing firearm injury. The name of the petitioners have come in the F.I.R alleging that they also come along with other accused and damaged the hut of Ashok Kamat and also gave threat to kill the informant and his other family members. From the written report it appears that there is specific allegation of causing firearm injury against Shyam Sundar Kamat, Uma Kamat, and Deo Kant
Patna High Court Cr.Misc. No.39690 of 2017 (2) dt.28-08-2017 2/2 Prasad.
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 Phulpras P.S.Case No. 111 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 Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani 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) N.K/- U