Lakshman Das @ Lakshuman Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40544 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ======================================================
1. LAKSHMAN DAS @ LAKSHUMAN DAS, Son of Late Gugo Dal,
2. Sudhir Kumar Son of Laxman Das, R/o Village- Bahattar, P.S.- Hasanpur, Samastipur.
3. Naresh Kumar @ Naresh Das Son of Natho Das,
4. Manoj Das Son of Gopal Das, R/o village- Mastiphatehpur, P.S.- Muffasil, Distt.-Begusari.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioner apprehend their arrest in connection with Hasanpur P.S. Case No.52 of 2017 instituted for the offence under Sections 147, 148, 323, 324, 325, 307, 354, 379, 504, 506 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that there is general and omnibus allegation against them. As per written report, these petitioners with other accused assaulted the informant and other family members with lathi, danda, iron rod etc. The informant sustained injury in her right hand with iron rod. The injury report has been enclosed as Annexure '2' and from perusal of the injury report, it
Patna High Court Cr.Misc. No.40544 of 2017 (2) dt.04-09-2017 2/2 appears that the injury was found on right palm of the informant. It has also been submitted that there is land dispute between the parties and there is case and counter case between the parties. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that all the petitioners named above in the event of their 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) each with two sureties of the like amount each in connection with Hasanpur P.S. Case No.52 of 2017 to the satisfaction of learned A.C.J.M.-III, Rosera, District-Samastipur, 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 tampers 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) Sanjeev/- U T