Rajbali Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25895 of 2018 Arising Out of PS.Case No. -32 Year- 2017 Thana -RISHIUP District- AURANGABAD ======================================================
1. Rajbali Kumar, S/o Kashinath Mehta,
2. Pramod Mehta @ Pramod Kumar, S/o Kamat Mehta,
3. Firiya Thakur @ Ranjit Thakur, S/o Pravesh Thakur, All R/o Vill.- Dudhar, P.S.- Risiup, District- Aurangabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate. For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Risiup P.S. Case No. 32 of 2017 instituted for the offence under Sections 341, 323, 324, 308 and 379 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioners have clean antecedent. The injuries found on the person of the injured are simple in nature as mentioned in paragraph-14 of the bail petition.
There is allegation in the written report that petitioner No. 1 assaulted the informant with iron rod and when elder brother and nephew of the informant came to rescue him, they
Patna High Court Cr.Misc. No.25895 of 2018 (2) dt.01-05-2018 2/2 were also assaulted by the petitioners.
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 Risiup P.S. Case No. 32 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 learned Chief Judicial Magistrate, Aurangabad, 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 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