Prakash Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44406 of 2018 Arising Out of PS.Case No. -58 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================
1. Prakash Mandal, S/o Tunai Mandal,
2. Tunai Mandal, S/o Late Sarfu Mandal, both are resident of villageDabhra South Tola, P.S.- Jokihat, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Naushaduzzoha, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Jokihat P.S. Case No.58 of 2016 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code. Counsel for the petitioners submits that occurrence has taken place on account of land dispute. The alleged injured (informant) was examined by the Doctor and the Doctor has found simple injury on the person of the informant. This fact has been mentioned in para 11 of the bail petition. 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 Jokihat P.S. Case
Patna High Court Cr.Misc. No.44406 of 2018 (3) dt.01-08-2018 2/2 No.58 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 the Chief Judicial Magistrate, Araria, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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