Sudhir Bhagat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41785 of 2017 Arising Out of PS.Case No. -262 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Sudhir Bhagat,

2. Shashi Bhagat,

3. Badri Bhagat All three S/o Bishundeo Bhagat,

4. Sri Ram Bhagat

5. Rajnish Bhagat @ Rajnish Pal Both S/o Gendhari Bhagat , All R/o Dharmraichak, ward No.6, P.S.+ District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Jiban Pd. Singh For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Lakhisarai P.S. Case No. 262 of 2017 instituted for the offence under Sections-307, 379 & other minor Sections of the Indian Penal Code. It is alleged that all these petitioners assaulted the informant and his brother with iron rod with intention to kill them. The injury report has been annexed as Annexure-6 to this petition wherein the doctor has found out injures to be simple in nature caused by hard and blunt substance. In paragraph-3 of the petition, it has been mentioned that the petitioners have no criminal antecedent. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event

Patna High Court Cr.Misc. No.41785 of 2017 (2) dt.11-09-2017 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 Lakhisarai P.S. Case No. 262 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai 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 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) A.K.V./- U T