Mahesh Mistry And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50245 of 2017 ======================================================
1. Mahesh Mistry,
2. Ram Pravesh Mistry Both Son of Ganauri Mistry,
3. Vikash Mistry
4. Shekhar Mistry @ Shankar Mistry Both S/o Mahesh Mistry, All R/o Village- Rasula, P.S.- Kako (Bhelawar), District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kako (Bhelawar) P.S. Case No. 163 of 2017 instituted for the offence under Section-307 & other minor Sections of the Indian Penal Code. It has been submitted that both parties are Gotiyas. There is land dispute between the parties. The wife of petitioner No. 1 namely Sunaiyana Devi has also lodged a case bearing Kako P.S. Case No. 264 of 2017 against the informant and his other family members. Both sides received injuries.
The injury report of the injured namely, Mr. Gendu Mistry and Hiralal Mistry are annexed with this petition as Annexures-4 & 4/1 wherein the doctor has found all the injuries caused by hard and blunt object and opinion has been kept reserved.
Patna High Court Cr.Misc. No.50245 of 2017 (3) dt.01-11-2017 2/2 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 in Kako (Bhelawar) P.S. Case No. 163 of 2017 to the satisfaction of Sri R.K. Rajak, learned Sub Judge-IV, Jehanabad 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