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Patna High CourtCR. MISC./45495/2017bail granted

Bablu Pandey And ANR v. The State Of Bihar

2017-10-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45495 of 2017 Arising Out of PS.Case No. -98 Year- 2017 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Bablu Pandey, son of Nand Kumar Pandey,

2. Mithun Pandey, son of Nand Kumar Pandey, both resident of villageBararam, Police Station-Hussainganj, District-Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Hussainganj P.S. Case No.98 of 2017 instituted for the offence under Section(s) 341, 420, 385, 504/34 Indian Penal Code and Section 27of the Arms Act.

There is allegation against these petitioners that they made firing upon the Informant and on account of sound of firing the Informant sustained injuries in his ear-drum. From the First Information Report itself, it appears that no injury has been caused to the Informant. It further appears that there has been land dispute between the parties. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.45495 of 2017 (2) dt.12-10-2017 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Hussainganj P.S. Case No.98 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 Chief Judicial Magistrate, Siwan, 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