Bindeshwar Bhagat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21154 of 2016 Arising Out of PS.Case No. -67 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================
1. Bindeshwar Bhagat
2. Kedar Bhagat Both S/o of Late Sitaram Bhagat, Resident of village- Kuva Pakdi, P.S.- Lalganj, District- Vaishali
3. Shashi Bhushan Kumar, S/o of Bindeshwar Bhagat, Resident of villageKuva Pakdi, P.S.- Lalganj, District- Vaishali
4. Harish Ranjan @ Harish Ranjan Kumar, S/O of Ganesh Bhagat, Resident of village- Kuva Pakdi, P.S.- Lalganj, District- Vaishali
5. Shubhlal Bhagat, S/O of Kriti Narayan Bhagat, Resident of villageDharhara, P.S.- Vaishali, District- Vaishali .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Siddhartha Prasad For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-05-2016 Heard the parties.
The petitioners, five in number, apprehend their arrest in a criminal prosecution registered under Section 307,324, 354, 379 and some other allied offences under the Indian Penal Code. Taking into consideration the fact that there appears to be case and counter-case from both sides, vide Annexure-1 and 2, respectively with respect to the occurrence dated 04.03.2016 and also taking into consideration the fact that the persons, who sustained injuries at the hands of these petitioners, are said to have received simple injury on their persons, as the injury reports have been brought on record as Annexure-5 series along with the supplementary affidavit, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail.
In the event of their arrest or surrender in the Court
Patna High Court Cr.Misc. No.21154 of 2016 (2) dt.20-05-2016 2/2 below within a period of four weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bonds of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Lalganj P.S.Case No. 67 of 2016 dated 05.03.2016, subject to the conditions laid down under Section 438(2) Cr.P.C and subject to the further conditions that: (A). One of the bailors shall be a. government servant (B) Other bail shall be either family member or close relative of the petitioners , who will file an affidavit in the Court below showing his relationship with the petitioners, (C).
if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail-bonds of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving an opportunity of hearing to all concerned and (D). the petitioners shall make regular pairvi in the court below in the present case either by appearing themsleves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners.