Lallu Das @ Lalu Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41139 of 2018 Arising Out of PS. Case No.-366 Year-2017 Thana- JAHANABAD District- Jehanabad ======================================================

1. LALLU DAS @ LALU KUMAR, S/o Late Krishna Das,

2. Abhimanyu Kumar S/o Nawal Mestar,

3. Vikash Kumar S/o Rajan Mestar, All are R/o MohallaAmbedkar Nagar, Jehanabad Town, P.S. & District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Tondon For the Opposite Party/s :

Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Jehanabad P.S. case no. 366 of 2017 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 448, 379, 307, 504 and 506 of the Indian Penal Code .

In the written report, it is alleged that on the date of occurrence for not casting vote in favour of the candidate of the petitioners, petitioners entered into the house of the informant with other accused persons and assaulted the informant and his other family members.

Learned counsel for the petitioners has pointed out observation of the learned Sessions Judge, Jehanabad, in the

Patna High Court Cr.Misc. No.41139 of 2018(2) dt.13-07-2018 2/2 impugned order wherein he has stated that the injury on the persons of the injured were found to be simple in nature. 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 Jehanabad P.S. case no. 366 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 CJM Jehanabad, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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) shyambihari/- U T