Ram Pravesh Bind And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32775 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Ram Pravesh Bind, s/o Chirkut Bind,

2. Kashmira Devi, s/o Dinesh Bind, both are the resident of VillageChhotaka Lohara, P.S.- Chainpur, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satyendra Pandey, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 11-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Chainpur P.S. Case No.16 of 2017 instituted for the offence under Section(s) 341, 323, 307, 302/34 Indian Penal Code and Section 27 of the Arms Act.

As per written report, there is no specific overt act against the petitioner No.1. It is alleged that the petitioner No.1 fired shot on the informant but it did not hit. Allegation against petitioner No.2 is of assaulting Umesh Bind, Suresh Bind, and Vikash Bind with Tangi.

Case diary was called for, which has been received. Injury report of all the three injured are available in case diary, wherein, the doctor has found all the injuries simple in nature

Patna High Court Cr.Misc. No.32775 of 2017 (3) dt.11-09-2017 2/2 caused by hard and blunt object, whereas, the allegation against petitioner No.2 is of assaulting with Tangi.

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 Chainpur P.S. Case No.16 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-II, Bhabua, 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