Patna High CourtCR. MISC./41328/2017bail granted

Sahid And ANR v. The State Of Bihar

2017-09-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41328 of 2017 Arising Out of PS.Case No. -165 Year- 2017 Thana -BARSOI District- KATIHAR ======================================================

1. Sahid, son of Md. Majrul,

2. Fayik, Son of Late Kalu.

Both residents of Village- Balupara, Police Station- Barsoi, DistrictKatihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-09-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Barsoi P.S. Case No. 165 of 2017 instituted for the offence under Sections 147, 148, 149, 349, 341, 323, 506, 302 and 427 of the Indian Penal Code.

It has been submitted that there is specific allegation against accused Md. Haiyul and Azad of assaulting the husband of the informant, due to which, he died.

There is allegation against petitioner No. 1 that he assaulted the son of the informant namely, Meraj with lathi. There is no specific allegation against petitioner No. 2.

Patna High Court Cr.Misc. No.41328 of 2017 (2) dt.08-09-2017 2/2 In such circumstances, 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 Barsoi P.S. Case No. 165 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, Katihar, 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.