Ajay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18525 of 2017 Arising Out of PS.Case No. -133 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Ajay Kumar, son of Ram Dayal Yadav,

2. Devi Dayal Goswami, son of late Dukhi Goswami, both are resident of village- Daudnagar, Ward No.-7, P.S.-Daudnagar, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Fazal Rahman, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-05-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Daudnagar P.S. Case No.133 of 2015 instituted for the offence under Section(s) 147, 148, 149, 323, 324, 325, 337, 338, 307, 427, 504, 506 Indian Penal Code and Section 27 of the Arms Act. It has been submitted on behalf of the petitioners that there is general and omnibus allegation against the petitioners. It has further been submitted that co-accused with similar allegation have been granted bail by a co-ordinate Bench of this Court by order dated 29.09.2015 passed in Cr. Misc. No.39455 of 2015.

It appears that the case of the petitioners stands on similar footing.

Patna High Court Cr.Misc. No.18525 of 2017 (2) dt.19-05-2017 2/2 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 Daudnagar P.S. Case No.133 of 2015, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Daudnagar, Aurangabad, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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