Satyendra Bind And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47464 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================
1. Satyendra Bind.
2. Ramashakar Bind Both are son of Late Jhuri Bind, Resident of VillageChili Bili, P.S. Kudra, District- Kaimur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate. For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Kudra P.S. Case No. 149 of 2017 instituted for the offence under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code. It has been submitted that there is general and omnibus allegation against these petitioners in the written report that on the date of occurrence, petitioners and other accused as named in the written report, started forcibly harvesting the land of the informant. When the brother of the informant tried to stop the petitioners, they abused and assaulted the informant.
They also snatched golden chain from the neck of the informant. It has further been submitted that there is case and counter case between the parties. The wife of co-accused Ambika Bind has also filed case vide Kudra P.S. Case No. 150 of 2017 dated 24.08.2017 against the informant and others.
Patna High Court Cr.Misc. No.47464 of 2017 (2) dt.16-10-2017 2/2 In such circumstances, 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 Kudra P.S. Case No. 149 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 Judicial Magistrate, Bhabua (Kaimur), 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) S.Ali/- U T