Gautam Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44869 of 2018 Arising Out of PS.Case No. -609 Year- 2017 Thana -KHAZANIHAT District- PURNIA ======================================================
1. Gautam Thakur, S/o Bachu Thakur,
2. Amrit Thakur @ Amrit Kumar S/o Bachu Thakur, Both R/o Mistri Tola, Madhubani, P.S.- K. Hat, District- Purnia.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in K. Hat (Madhubani) P.S. Case No. 609/2017, instituted for the offences punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.
In the written report, it is alleged that 2-3 persons pointed firearm on the neck of the informant when he had gone to recover amount from the shopkeepers. He noticed that one of them hit him on the back side of neck by knife and abused him. It is further alleged that the informant sustained injury and in course of same these petitioners snatched golden chain and Rs. 11,000/- from his pocket. Learned counsel for the petitioners submits that in the written report, there is no specific allegation of overt act against these petitioners. The injuries found on the person of the informant are
Patna High Court Cr.Misc. No.44869 of 2018 (2) dt.08-08-2018 2/2 simple in nature caused by sharp cutting weapon. Considering the facts and circumstances of the case, 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 K. Hat (Madhubani) P.S. Case No. 609/2017, 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 the learned Chief Judicial Magistrate, Purnea, 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