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Patna High CourtCR. MISC./51861/2017bail granted

Md. Parvez And ORS v. The State Of Bihar

2018-01-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51861 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Md. Parvez,

2. Md. Chunnu @ Md Asad

3. Md. Tabraj All Sons of Md. Akhtar,

4. Md. Lal, S/o Md. Taslim

5. Md. Sakir, S/o Md. Hoda, All are R/o Village- Nawada P.S.- Katra, District- Muzaffarpur, At present Petitionar No.(1 to 4) are R/o VillageHarpur Sakha, P.S.- Ghayghat, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Gayghat P.S. Case No. 158 of 2017 instituted for the offence under Sections-307, 379 & other minor Sections of the Indian Penal Code.

It is alleged in the written report that on account of land dispute, these petitioners with other accused persons arrived at the house of the informant and committed Mar Pit. The informant sustained injury and he was taken to hospital for better treatment. The case diary has been received wherein the injury report of the informant is available. The doctor has found bruise and abrasion on the person of the injured and the opinion was kept reserved. Counsel for the informant has appeared and opposed the

Patna High Court Cr.Misc. No.51861 of 2017 (4) dt.25-01-2018 2/2 prayer.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Gayghat P.S. Case No. 158 of 2017 to the satisfaction of Sri S.K. Ray, ACJM-15thcum-Sub Judge-16th, Muzaffarpur subject to condition as laid down u/S 438(2) of the 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 liable to 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) A.K.V.