Sanjay Safi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44138 of 2017 Arising Out of PS.Case No. -185 Year- 2016 Thana -BISFI District- MADHUBANI ======================================================
1. Sanjay Safi
2. Rajeev Safi
3. Sadhu Safi @ Sadhu Sharan Safi All sons of Ramji Safi All residents of Village - Ithar, P.S. - Bisfi, Patauna (O.P.), District - Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ratanakar Jha, Advocaate For the informant : Mr. Shailendra Kumar Jha, Advocate. For the Opposite Party/s : Mr. Kumar Virendra Narayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners apprehend their arrest in Bisfi P.S. Case No. 185 of 2016, G.R. No. 757 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307 and 506 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is allegation that seven accused persons assaulted the grand son of the informant with different weapons as mentioned in the written report. It has further been submitted that injury has been found on his head which was opined by the Doctor to be simple in
Patna High Court Cr.Misc. No.44138 of 2017 (3) dt.01-11-2017 2/3 nature. Another injury was found on the shoulder which has been found to be simple in nature, but later on, the Doctor has stated in the certificate that it was serious and dangerous to life. There is delay of 16 days in lodging the First Information Report. The injured has not been examined in Government Hospital. He has been examined by the Private Doctor. The injury report is dated 20.11.2016.
Learned counsel for the informant has appeared and opposed the prayer for anticipatory bail of the petitioners. 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 Bisfi P.S. Case No. 185 of 2016, G.R. No. 757 of 2016, 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 Additional Chief Judicial Magistrate, Benipatti, 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
Patna High Court Cr.Misc. No.44138 of 2017 (3) dt.01-11-2017 3/3 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) S.Ali/- U T