Devendra Dubey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43143 of 2018 Arising Out of PS.Case No. -196 Year- 2018 Thana -MAIRWA District- SIWAN ======================================================

1. Devendra Dubey, S/o Birbal Dubey,

2. Vinay Dubey, S/o Rajendra Dubey,

3. Vikash Kumar Dubey, S/o Srikant Dubey, all are resident of villageBisanpura, P.S.- Mairwa, Dist- Siwan (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Mairwa P.S. Case No.196 of 2018 instituted for the offence under Section(s) 307 and other allied sections of the Indian Penal Code. Allegation against the petitioner is of assaulting husband of the informant with lathi, danda.

Case diary has been received. Learned APP submits that there is no injury report of husband of the informant. It is submitted that there is land dispute between the parties for which this case has been filed.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.43143 of 2018 (3) dt.01-08-2018 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Mairwa P.S. Case No.196 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-VII, Siwan, 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/- U T