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Patna High CourtCR. MISC./35317/2018bail granted

Manish Kumar And ORS v. The State Of Bihar

2018-07-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35317 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- RANIGANJ District- Araria ======================================================

1. Manish Kumar son of Ramesh Yadav

2. Dikku Kumar son of Ramesh Yadav 3.Shisha Devi W/o Ramesh Yadav All R/o vill. Hasanpur, Ward no. 01, P.S. Raniganj, Dist. Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Raniganj P.S. case no. 3 of 2018 instituted for the offence under Section(s) 147,148, 341, 323, 307, 379, 354(B), 506 and 504 of the Indian Penal Code. Allegation against petitioner no.1 is of assaulting the son of the informant with Lathi on his arm. There is no any allegation of specific overt act against petitioner nos. 2 and 3. The injury report of the son of the informant is available in the case diary wherein the doctor has found injury no.2 to be simple in nature caused by hard and blunt object and opinion with respect to injury no.1 was kept reserved and both the injuries were

Patna High Court Cr.Misc. No.35317 of 2018(3) dt.19-07-2018 2/2 found on right arm.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Raniganj P.S. case no. 3 of 2018, G.R. no. 36/2018) 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 the CJM, Araria, 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) shyambihari/- U T