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Patna High CourtCR. MISC./39173/2018bail granted

Ramjee Singh And ORS v. The State Of Bihar

2018-07-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39173 of 2018 Arising Out of PS.Case No. -441 Year- 2017 Thana -NAUBATPUR District- PATNA ======================================================

1. Ramjee Singh, son of Janak Singh,

2. Praduman Kumar,

3. Goldi Kumar, both sons of Ramjee Singh, all resident of village Gaura, Jagdishpur, P.S. Naubatpur, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Priyedarshi, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, 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 Naubatpur P.S. Case No.441 of 2017 instituted for the offence under Section(s) 341, 448, 323, 307/34 Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioners submits that there is allegation of firing against co-accused Raushan Kumar, Lav Kush Kumar and Shekhar Kumar. The petitioners are said to be only members of unlawful assembly.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.39173 of 2018 (2) dt.05-07-2018 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Naubatpur P.S. Case No.441 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 Additional Chief Judicial Magistrate-II, Danapur, Patna, 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