Ajit Singh @ Ajit Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53248 of 2017 Arising Out of PS.Case No. -352 Year- 2017 Thana -BAKHTIYARPUR District- PATNA ======================================================
1. Ajit Singh @ Ajit Kumar , S/o Late Kailash Rai,
2. Avinash Singh, S/o Late Kailash Rai,
3. Banti Kumar S/o Avinash Singh All Are Resident of Village- Teja Bigha, P.S.- Bakhtiyarpur, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Sinha, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bakhtiyarpur P.S. Case No. 352 of 2017 instituted for the offence under Sections 341, 323, 147, 148, 149, 307 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged in the Fardbeyan that petitioners along with other accused persons as named in the fardbeyan fired on the informant causing injury on his left shoulder and leg. Learned counsel for the petitioners has submitted that the instant case has been filed as a counter blast of Bakhtiyarpur P.S. Case No. 262 of 2017 filed by the petitioner No. 1 against the
Patna High Court Cr.Misc. No.53248 of 2017 (3) dt.06-12-2017 2/3 informant and others. It has further been submitted as per the impugned order, the other co-accused persons have been granted anticipatory bail by the court below Case diary has been received.
Learned A.P.P. has submitted that there is no injury report in the case diary.
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 Bakhtiyarpur P.S. Case No. 352 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 Additional Chief Judicial Magistrate, Barh, 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,
Patna High Court Cr.Misc. No.53248 of 2017 (3) dt.06-12-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T