Prashant Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22971 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Prashant Kumar,

2. Nishant Kumar, both sons of Birchandra Singh, resident of village Jandaha, Police Station - Jandaha, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raghav Prasad, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 22-05-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Jandaha P.S. Case No.31 of 2017 instituted for the offence under Section(s) 341, 323, 324, 354-B, 379, 504/34 Indian Penal Code. It has been submitted on behalf of the petitioners that there is case and counter case between the parties on account of land dispute. Mother of the petitioners has also filed a case vide Jandaha P.S. Case No.30 of 2017 against the informant and others.

From the allegation in the written report, it appears that there is general and omnibus allegation against both the petitioners. It is mentioned in para 3 of the petition that both the petitioners have clean antecedents.

Patna High Court Cr.Misc. No.22971 of 2017 (2) dt.22-05-2017 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 Jandaha P.S. Case No.31 of 2017, 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 Additional Chief Judicial Magistrate, XI, Vaishali at Hajipur, 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