Patna High CourtCR. MISC./59994/2017bail granted

Balwa And ORS v. The State Of Bihar

2017-12-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59994 of 2017 Arising Out of PS.Case No. -298 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Balwa,

2. Mukesh Both Sons Nand Kishore Sao , Both R/o Mohalla- Harnaha Tola, P.S.- Chowk, District- Patna.

3. Tinku Chaudhary S/o Shankar Chaudhary , R/o Mohalla- Chik Toli, Mangal Talab, P.S.- Chowk, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Chowk P.S. Case No. 298 of 2017 instituted for the offence under Sections 447,448,341,323,504,307,506/34 of the IPC.

As per written report, the petitioners entered into the house of the informant and assaulted with intention to kill the informant. Further, they came in intoxicated condition to the house of the informant and misbehaved with ladies of the informant house. Learned Addl. District and Sessions Judge in the impugned order mentioned that entire injuries are simple in nature caused by hard and blunt substance.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.59994 of 2017 (2) dt.13-12-2017 2/2 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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Chowk P.S. Case No. 298 of 2017 to the satisfaction of learned J.M., Patna City 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers 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.