Arun Mahto @ Arun Kumar Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37547 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -DAUDPUR District- SARAN ======================================================

1. Arun Mahto @ Arun Kumar Prasad, S/o Paltu Mahto,

2. Gobinda Mahto @ Aman Kumar, S/o Arun Mahto, Both are residents of Vill- Bangra, P.S.- Daudpur, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manohar Prasad Singh, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 31-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Daudpur P.S. Case No.49 of 2018 instituted for the offence under Section(s) 341, 323, 324 and 326/34 Indian Penal Code.

It is alleged against the petitioner No.1 that he assaulted the informant on his head with the Daab. There is no allegation of any assault against petitioner No.2. Injury report is available in the case diary. Learned APP has submitted that three injuries have been found on the person of the informant out of which one injury was sharp cut wound on head of size 2" X 1⁄4" and other two injuries were scratches and body pain.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.37547 of 2018 (3) dt.31-07-2018 2/2 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 Daudpur P.S. Case No.49 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 Judicial Magistrate 1st Class, Saran at Chapra, 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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