Satish Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51057 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -PASRAHA District- KHAGARIA ======================================================

1. Satish Kumar,

2. Lal Bihari Chaurasia,

3. Kapil Kumar Deepak, all sons of Raj Pati Chaurasia,

4. Pankaj Chaurasia, S/o Prasadi Chaurasia, all resident of VillagePitaujhia, P.S.- Gogri, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhakar Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 30-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Pasraha P.S. Case No.50 of 2018 instituted for the offence under Section(s) 341, 323, 307, 379, 504, 354/34 Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioners submits that instant case has been filed on account of land dispute.

In the written report, it is alleged that Petitioner No.3 made firing with intention to kill, but the informant saved himself by sitting down. There is no any specific allegation against petitioner Nos.1, 2 and 4. The injury report has been enclosed as Annexure- 3, which shows that there was only body-

Patna High Court Cr.Misc. No.51057 of 2018 (2) dt.30-08-2018 2/2 ache and headache.

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 Pasraha P.S. Case No.50 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 Chief Judicial Magistrate, Khagaria, 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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