Subodh Kumar @ Subodh Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34515 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================
1. Subodh Kumar @ Subodh Rai, Son of Brahmdeo Rai,
2. Amod Kumar @ Amod Rai, Son of Brahmdeo Rai, Both R/o Village- Mohanpur, P.S.- Raghopur, District- Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Raghopur P.S. Case No. 20 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 447, 448, 323, 307, 504, 506of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that occurrence has taken place on account of land dispute. There is allegation in the written report that these petitioners along with Pramod Rai fired causing firearm injury to nephew of the informant namely, Ranjay Kumar and Mukesh Kumar. Case diary has been received.
The injury report is available with the case diary wherein the Doctor has found no injury on the person of the injured. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of
Patna High Court Cr.Misc. No.34515 of 2017 (4) dt.21-09-2017 2/2 surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Raghopur P.S. Case No. 20 of 2017, 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 learned Additional Chief Judicial MagistrateIV, 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) S.Ali/- U T