Rakesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43600 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Rakesh Kumar, Son of Rajendra Yadav.
2. Babu Saheb, Son of Dhirendra Yadav.
3. Gajendra Yadav, Son of late Bahadur Yadav.
4. Dhirendra Yadav, Son of Late Bahadur Yadav. All are resident of Village- Gaurab Garh Kap, (East), P.S. Sourbazar, District- Saharsa.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and the State and learned counsel for the informant..
The petitioners apprehend their arrest in Sour Bazar P.S. Case No. 138 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 385, 427, 504 and 506 of the Indian Penal Code.
It has been submitted that there is specific allegation of causing injury in abdomen of the informant by arrow against Ranjan Yadav. It is alleged that petitioner No. 1 assaulted Shambhu Yadav and petitioner No. 4 assaulted Suresh Yadav. There is general and omnibus allegation against the petitioner Nos. 2 and 3. The injury report of Shambhu Yadav has been enclosed as
Patna High Court Cr.Misc. No.43600 of 2017 (3) dt.03-10-2017 2/2 Annexure-2 wherein the Doctor has found simple injury on his person. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Sourbazar P.S. Case No. 138 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 Chief Judicial Magistrate, Saharsa, 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.