Suresh Das @ Suresh Tanti And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3102 of 2018 Arising Out of PS. Case No.-174 Year-2017 Thana- TEGHRA District- Begusarai ======================================================
1. Suresh Das @ Suresh Tanti, S/o Late Saguni Tanti,
2. Pankaj Das @ Pankaj Tanti, S/o Suresh Das @ Suresh Tanti, Both 1 & 2 are resident of Vill.- Amba, P.S.- Teghra, DistrictBegusarai. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey For the Opposite Party/s :
Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Teghra P.S. case no. 174 of 2017 instituted for the offence under Section(s) 147, 148, 149, 447, 341, 323, 307, 379, 384, 504 and 506/34 of the Indian Penal Code. In the written report allegation against the petitioner no.1 is of assaulting the informant with intent to kill on the head with Pagharia. Petitioner no. 2 is said to have given farsa blow on the son of the informant causing injury on his head.
The injury report of both the injured have been annexed as Annexure-5 series wherein the doctor has found three injuries on the
Patna High Court Cr.Misc. No.3102 of 2018(2) dt.16-02-2018 2/3 person of son of the informant and opinion has been kept reserved. The doctor has found one injury on the hand of the informant which is said to be grievous. The other injuries were said to be simple in nature.
Learned counsel for the petitioners has submitted that there is counter case between the parties vide SC/ST P.S. case no. 66 of 2017 lodged by the father of the petitioner no.1 who has sustained injury in that case. The injury report of injured from the side of the petitioners has been enclosed as Annexure-4.
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 Teghra P. S. case no. 174 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 the learned CJM, Begusarai, 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
Patna High Court Cr.Misc. No.3102 of 2018(2) dt.16-02-2018 3/3 to move for cancellation of bail of the petitioners. (Sanjay Priya, J) shyambihari/- U T