Mohil Harijan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44859 of 2018 Arising Out of PS.Case No. -167 Year- 2018 Thana -RAJAUN District- BANKA ======================================================

1. Mohil Harijan, son of Late Govind Harijan.

2. Nandani Devi wife of Mohil Harijan.

3. Shilan Kumar Das @ Shilan @ Shilan Harijan, son of Mohil Harijan.

4. Ashish Kumar Das @ Ashish Harijan, son of Mohil Harijan, all are resident of Village- Wamdeo, P.S.- Rajom, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== 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 Rajoun P.S. Case No. 167/2018, instituted for the offences punishable under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is case and counter case between the parties. The petitioners have also filed Rajoun P.S. Case No. 166/2018 against the informant and others for causing injury on the petitioners' side. In the instant case, the doctor has found two injuries, i.e. lacerated wound and tender swelling caused by hard and blunt substance on the person of the informant but did not give any opinion with regard to the nature

Patna High Court Cr.Misc. No.44859 of 2018 (2) dt.08-08-2018 2/2 of injury. Injury report is annexed as Annexure-2. There is general and omnibus allegation of assault against these petitioners. 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 Rajoun P.S. Case No. 167/2018, 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 Chief Judicial Magistrate, Banka, 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