Patna High CourtCR. MISC./29518/2018bail granted

Vijay Kumar Singh @ Vijay Singh And ORS v. The State Of Bihar

2018-06-28Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29518 of 2018 Arising Out of PS.Case No. -18 Year- 2017 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Vijay Kumar Singh @ Vijay Singh, S/o Bramadeo Singh,

2. Jai Kumar Singh, S/o Vijay Kumar Singh @ Vijay Singh,

3. Saket Kumar @ Bhola Singh, S/o Ratneshwar Singh, All are R/o Vill.- Punhad, P.S.- Ghanshyampur, Distt.- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Ghanshyampur P.S. Case No. 18 of 2017, instituted for the offence under Sections 147, 149, 448, 447, 341, 323, 325, 307, 354 and 504 of the Indian Penal Code.

It is alleged in the written report that the petitioner Nos. 1 and 2 assaulted father of the informant with Khanti and lathi causing injuries on the hand and right eye. There is no allegation of any specific overt act against petitioner No. 3. Learned counsel for the petitioners has submitted that there is case and counter case between the parties. The instant case

Patna High Court Cr.Misc. No.29518 of 2018 (3) dt.28-06-2018 2/3 is counter blast of Ghanshyampur P.S. Case Nos. 12 of 2017 and 17 of 2017 filed by the petitioner's side against the informant and others.

Case diary has been received.

The injury report of the father of the informant is available in the case diary wherein the Doctor has found three injuries on his person. Injury No. 1 found on the person of father of the informant is said to be grievous which is fracture over lower end of ulna.

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 Ghanshyampur P.S. Case No. 18 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, Darbhanga, 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

Patna High Court Cr.Misc. No.29518 of 2018 (3) dt.28-06-2018 3/3 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/- Rohit Kr.

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