Lakhan Pandit And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49359 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -KAUAKOL District- NAWADA ======================================================

1. Lakhan Pandit, S/o Late Khopari Pandit,

2. Amit Kumar, S/o Sri Krishna Pandit,

3. Kanti Devi W/o Sri Krishna Pandit, All are R/o Village- Mandara, P.S.- Kawakole in the District of Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma, Adv. Mr. Sunil Kumar, Adv.

For the State : Dr. Rabindra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kawakole P.S. Case No. 94 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 petitioner No. 3 assaulted the daughter of the informant, Shobha Devi with iron Khanti on her head causing bleeding injury. It is further alleged that the petitioner No. 2 assaulted another daughter of the informant, Rinku Devi with iron Khanti on her head. There is no allegation against petitioner No. 1.

The injury report of all the injured are available in the case diary wherein the doctor has found simple injury on their person. It has been submitted that the present case is counter blast

Patna High Court Cr.Misc. No.49359 of 2017 (2) dt.04-01-2018 2/2 of Kawakole P.S. Case No. 95 of 2017 registered by petitioners' side against the informant and others.

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 Kawakole P.S. Case No. 94 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Nawada 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 be liable to cancel their bail bond 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.