Patna High CourtCR. MISC./22996/2017bail granted

Mukesh Singh And ANR v. The State Of Bihar

2017-05-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22996 of 2017 Arising Out of PS.Case No. -67 Year- 2016 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Mukesh Singh,

2. Haresh Singh, Both sons of Sri Kamta Singh, Both resident of Village- Marwa, P.S.- Baikunthpur, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate. For the Opposite Party/s : Mr. S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-05-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Baikunthpur P.S. Case No. 67 of 2016 instituted for the offence under Sections 147, 148, 149, 337, 307, 379, 380, 427, 504 and 506 of the Indian Penal Code.

It has been submitted that there is no specific allegation of overt act against these petitioners. From the written report it appears that there is specific allegation against Parsuram Sah of assaulting with Bhala in the stomach of the informant and allegation against Lalan Sah of assaulting with knife on his neck with intention to kill, causing

Patna High Court Cr.Misc. No.22996 of 2017 (2) dt.22-05-2017 2/2 injury to him. There is general and omnibus allegation against these petitioners.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Baikunthpur P.S. Case No. 67 of 2016, 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 learned Chief Judicial Magistrate, Gopalganj, 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) S.