Kishore Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46691 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- PAKRIDAYAL District- East Champaran ======================================================

1. Kishore Das,

2. Priyaranjan Kumar, Both S/o Sitaram Das, Both R/o Vill- Devi Rai Tola Chaita, P.S.- Pakaridayal, Dist- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks permission to make necessary correction in the village name of the petitioners during course of the day.

Permission is accorded.

Petitioners apprehend their arrest in Pakaridayal P.S. case no. 29 of 2018 instituted for the offence under Section(s) 147, 148, 149, 323, 324, 504, 506, 379 and 307 of the Indian Penal Code and Section 3⁄4 Prevention of Damage of Public Property Act, 1984.

Learned counsel for the petitioner has submitted that petitioners are not named in the written report. Their name has

Patna High Court Cr.Misc. No.46691 of 2018(3) dt.27-08-2018 2/3 come during investigation.

In the written report, it is alleged that one Sunil Singh got injured in road accident. He was brought to hospital where he died. Thereafter, the named accused persons as well as 100 unknown persons arrived in the hospital and committed mar pit. It is further submitted that other co accused with similar allegation have already been granted anticipatory bail vide order passed in Cr. Misc. Nos. 42183 of 2018 and 40689 of 2018. 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 Pakaridayal P.S. case no. 29 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 CJM, Motihari, East Champaran, 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

Patna High Court Cr.Misc. No.46691 of 2018(3) dt.27-08-2018 3/3 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) shyambihari/- U T