Ram Niwas Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51804 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -NAYAGAON District- BEGUSARAI ======================================================
1. Ram Niwas Singh, S/o Late Naresh Singh,
2. Dharmendra Kumar @ Sharma, s/o late Naresh Singh, both residents of Vill.- Mahendrapur, P.S.- Nayagaon, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Nayagaon P.S. Case No.37 of 2018 instituted for the offence under Section(s) 341, 323, 337, 338, 379, 384, 385, 427, 504 & 506/34 Indian Penal Code.
Counsel for the petitioners submits that both parties are close agnates. The occurrence took place on account of land dispute between the parties.
It is alleged against petitioner No.2 that he assaulted the informant with iron rod over left portion of the head. There is general and omnibus allegation against petitioner No.1 that he snatched golden chain. Injury report of the informant is enclosed as Annexure-3 in the Supplementary Affidavit, which shows that
Patna High Court Cr.Misc. No.51804 of 2018 (2) dt.29-08-2018 2/2 only one injury was found on the scalp. After X-ray, no bony injury was found. The doctor has opined the injury to be simple in nature caused by hard and blunt substance. 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 in Nayagaon P.S. Case No.37 of 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 Additional Chief Judicial Magistrate-IV, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- Rohit Kr.
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