Ravi Kumar @ Ravi Prakash Mishra And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45207 of 2018 Arising Out of PS. Case No.-110 Year-2018 Thana- AKBARPUR District- Nawada ======================================================
1. Ravi Kumar @ Ravi Prakash Mishra, son of Indradeo Mishra
2. Kailash Das
3. Durga Das, Both 2 and 3 are sons of Late Sheo Nandan Das. All are residents of Village- Fulma, Police Station- Akbarpur, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend arrest in Akbarpur P.S. Case No. 110 of 2018 instituted for the offence under Sections 147,148,341,323,385,307,506 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioners has submitted that there is admitted land dispute between the parties. In the written report there is allegation that these petitioners assaulted the informant and his brother. The injury report has been enclosed as Annexure-2 and the same is also available in the case diary, wherein, doctor has found four injuries on the brother of informant out of which injury no. 4
Patna High Court Cr.Misc. No.45207 of 2018(3) dt.24-08-2018 2/3 was simple and opinion with regard to injury no. 1 to 3 was kept reserved. The doctor has found six injuries on the person of informant, out of which five injuries were simple in nature. Injury no. 1 was grievous which was just above left elbow. From the written report, it is apparent that the occurrence has taken place due to land dispute. In such circumstances, prayer for anticipatory bail is 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 Akbarpur P.S. Case No.
110 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate- I, Nawada, subject to condition as laid down u/S 438 (2) of the Cr. P.C.
(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
Patna High Court Cr.Misc. No.45207 of 2018(3) dt.24-08-2018 3/3 the petitioners.
(Sanjay Priya, J) khushbu/- U T