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Patna High CourtCR. MISC./39184/2018bail granted

Khokhan Singh And ANR v. The State Of Bihar

2018-07-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39184 of 2018 Arising Out of PS.Case No. -157 Year- 2017 Thana -JAMUI District- JAMUI ======================================================

1. Khokhan Singh, S/o Late Triyogi Singh @ Triloki Singh,

2. Kriti Singh @ Khiti Singh, S/o Shatrughan Singh, Both are R/o Vill.- Lagma, P.S.- Sono, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Jamui (Adarsh Nagar) P.S. Case No.157 of 2017 instituted for the offence under Section(s) 341, 323, 337, 338, 448, 307, 504/34 of Indian Penal Code and Section 27 of the Arms Act.

Allegation against petitioner No. 1 is of assaulting Sagar Kumar on his head by Bhala. Petitioner No.2 is alleged to have assaulted Chandrika Rawat with Lathi on his hand. Injury reports of both the injured have been enclosed. The doctor has found simple injury on the person of Sagar Kumar. Injury report of Chandrika Rawat shows that he sustained grievous injury, which is dislocation of shoulder.

Patna High Court Cr.Misc. No.39184 of 2018 (2) dt.05-07-2018 2/2 In this manner, only one grievous injury was found on the person of Chandrika Rawat, which was not on the vital part of the body.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Jamui (Adarsh Nagar) P.S. Case No.157 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 the Chief Judicial Magistrate, Jamui, 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 bonds 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) JA/- U T