Golden Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58981 of 2017 Arising Out of PS.Case No. -220 Year- 2017 Thana -NABINAGAR District- AURANGABAD ======================================================

1. Golden Das, Son of Late Nand Lal Ram,

2. Arun Das, Son of Birendra Das, Resident of Village- Nabinagar, P.S. Nabinagar, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari, Advocate. For the Opposite Party/s : Mr. Abhay Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Nabinagar P.S. Case No. 220 of 2017 instituted for the offence under Sections 341, 323, 385, 387 and 504/34 of the Indian Penal Code. The allegation against this petitioners is that while informant was sitting at his shop, these petitioners assaulted him without any rhyme or reason and told that they had lost election due to informant and one Sanjay.

Learned counsel for the petitioners has submitted that there is no injury sustained by the informant. Petitioner No. 1 has filed Aurangabad SC/ST P.S. Case No. 11 of 2017 against the informant and others.

Patna High Court Cr.Misc. No.58981 of 2017 (3) dt.19-01-2018 2/2 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 Nabinagar P.S. Case No. 220 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, Aurangabad, 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