Rahul Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44311 of 2018 Arising Out of PS.C.ase No. -16 Year- 2018 Thana -BELSAND District- SITAMARHI ======================================================

1. Rahul Kumar ,

2. Ranjan Kumar @ Rajan Kumar Both Sons of Ashok Sah @ Ashok Kumar, Both are R/o Vill.- Belsand, Ward No.8, P.S.- Belsand, DistrictSitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Belsand P.S. Case No. 16/2018, instituted for the offences punishable under Sections 302 and 120B of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is no eye-witness of the occurrence. Name of the petitioners has figured on mere suspicion. Other accused persons having similar allegation have already been granted anticipatory bail by this court in Cr. Misc. Nos. 23786/2018 dated 18.06.2018 and 33330/2018 dated 18.06.2018.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.44311 of 2018 (2) dt.27-07-2018 2/2 the 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 Belsand P.S. Case No. 16/2018, 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 learned I/c Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 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.) Rakhi U T