Bhiman Kumar @ Bhim Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57503 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -PURAINI District- MADHEPURA ======================================================
1. Bhiman Kumar @ Bhim Kumar,
2. Rudal Mandal,
3. Ghanshyam Mandal All Sons of Dhodhary Mandal @ Dhodhay Singh @ Dhodai Singh,
4. Dhodhay Mandal @ Dhodhay Singh @ Dhodai Singh S/o Brahamdeo Mandal, All R/o Village- Puraini Narkatiya Tola, P.S.- Purnia, DistrictMadhepura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Puraini P.S. Case No. 112 of 2017 instituted for the offence under Sections-379, 307 & other minor Sections of the Indian Penal Code.
It has been submitted that occurrence took place due to land dispute.
There is allegation that on the order of petitioner No. 4, the petitioner No. 1 assaulted with Dabiya on the head of the informant. There is general and omnibus allegation against other petitioners. The injury report of the informant has been annexed as Annexure-2 which shows that simple injury has been sustained by the informant in his hand by sharp cut weapon.
Patna High Court Cr.Misc. No.57503 of 2017 (2) dt.28-11-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that 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) with two sureties of the like amount each in connection with Puraini P.S. Case No. 112 of 2017 to the satisfaction of learned Judicial Magistrate-Ist Class, Udakishunganj, Madhepurar 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 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) A.K.V./- U T