Nitish Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11148 of 2018 Arising Out of PS.Case No. -68 Year- 2017 Thana -KAJRAULICHAK District- BHAGALPUR ======================================================
1. Nitish Das, S/o Rajendra Das, R/o Village- Balgachhi, Goura Chouki, P.S.- Kajraili, District- Bhagalpur.
2. Dilip Das, S/o Muni Lal Das,
3. Bali Das, S/o muni Lal Das,
4. Diwakar Das, S/o Muni Lal Das, All three R/o Village- Anusuchit Jati Tola, Goura Chouki, P.S.- Kajraili, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party/s : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Kajraili P.S. Case No. 68 of 2017 instituted for the offence under Sections 147, 148, 149, 353, 332, 333 and 283 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioners have clean antecedent.
In the written report there is general and omnibus allegation against the petitioners that they along with other accused persons attacked on police force and assaulted the
Patna High Court Cr.Misc. No.11148 of 2018 (3) dt.19-04-2018 2/3 informant and Chowkidar with deadly weapon.
Case diary has been received.
The injury report of Chowkidar Brahamdeo Paswan is available with the case diary wherein the Doctor has found scratch on left side of upper lip and tenderness on all over the body, which is opined to be simple in nature.
Considering the facts and circumstances of the case, 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 Kajraili P.S. Case No. 68 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 Sri Ranjan Kumar Mishra, learned Additional Chief Judicial MagistrateXIV, Bhagalpur, 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 their 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
Patna High Court Cr.Misc. No.11148 of 2018 (3) dt.19-04-2018 3/3 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.Ali/- U T