Arun Vishwakarma @ Arun Kumar Diwakar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11182 of 2018 Arising Out of PS.Case No. -319 Year- 2017 Thana -TEKARI District- GAYA ======================================================
1. Arun Vishwakarma @ Arun Kumar Diwakar, Son of Harihar Vishwakarma,
2. Sulekha Kumari, daughter of Harihar Vishwakarma,
3. Harihar Vishwakarma, S/o Late Doman Vishwakarma.
4. Vikram Kumar @ Vikram Vishwakarma, Son of Ram Ishwar Vishwakarma, All are resident of Village- Matai, Police Station- Tekari (Panchanpur O.P.) District- Gaya.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ajay Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Tekari P.S. Case No. 319 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 324, 325, 307, 504, 379 and 34 of the Indian Penal Code.
From the written report it appears that there is specific allegation against co-accused Sujit Vishwakarma and Raju Vishwakarma of assaulting the informant and his daughter. There is no allegation of any specific overt act against these petitioners. There is only allegation against them that they arrived at the place of occurrence armed with deadly weapons. The occurrence took place on account of
Patna High Court Cr.Misc. No.11182 of 2018 (2) dt.07-03-2018 2/2 land dispute.
It is mentioned in paragraph-3 of the bail petition that petitioners have no criminal antecedent.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Tekari P.S. Case No. 319 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 learned Chief Judicial Magistrate, Gaya, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- U T