Durga Nand Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54741 of 2017 Arising Out of PS.Case No. -321 Year- 2017 Thana -BIRAUL District- DARBHANGA ======================================================
1. Durga Nand Singh, son of Sri Kameshwar Singh,
2. Manoj Singh, son of Sri Kameshwar Singh,
3. Laxmi Narayan Singh, son of Late Ram Kripal Singh,
4. Praveen Kumar Singh, son of Sri Laxmi Narayan Singh. All are resident of Village- Piraudi, P.S.- Biraul, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13 Mr. Rohit Kumar, Adv.
Nitu Kumari No. 7, Adv.
For the State : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Biraul P.S. Case No. 321 of 2017 instituted for the offence under Sections-379, 308 & other minor Sections of the Indian Penal Code.
It has been submitted that the injury found on the person of the injured is simple in nature. The injury report has been annexed as Annexure-3 to this petition.
There is allegation in the written report that petitioner No. 1 assaulted the informant with Tengari on his head which was saved by hand due to which, he received injury. There is general allegation against other accused persons that they assaulted the brother of the informant when he came to save the informant with Lathi, Danda.
Patna High Court Cr.Misc. No.54741 of 2017 (2) dt.15-11-2017 2/2 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 Biraul P.S. Case No. 321 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Biraul, Darbhanga 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