Abhimanyu Kumar @ Abhimanyu And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56604 of 2017 Arising Out of PS.Case No. -219 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================
1. Abhimanyu Kumar @ Abhimanyu,
2. Shanti Kumar
3. Devraj Kumar @ Devraj All Petitioner No.1 to 3 are Son of Siromani Rajak @ Shivdhari Rajak, All are R/o Village- BAshaitha, Lutana Tola, P.O.+ P.S. Chausa, District- Madhepura.
4. Vikash Kumar @ Bikash Singh @ Vikash Singh S/o Bindeshwari Singh, R/o Village- Basaitha, Kangali Tola, P.O. & Chausa, District- Madhepura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anant Kumar-1, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Chousa P.S. Case No. 219 of 2017 instituted for the offence under Sections 341, 323, 307, 379,504, 506/34 of the IPC.
There is allegation against the petitioner no. 4 of assaulting the informant with the butt of three-nut which caused fracture on the head and other petitioners have assaulted with danda and iron rod. The learned Sessions Judge in the impugned order mentioned that there is one injury on scalp of the informant, which was opined by the doctor to be simple in nature. In such circumstances, prayer for anticipatory bail is
Patna High Court Cr.Misc. No.56604 of 2017 (2) dt.30-11-2017 2/2 allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Chausa P.S. Case No. 219 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj subject to condition as laid down u/S 438 (2) of the Cr. P.C.
with further conditions (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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers 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) khushbu/- U T