Patna High CourtCR. MISC./41967/2018bail granted

Bhanu @ Bhalu Ram @ Sunil Kumar And ANR v. The State Of Bihar

2018-07-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41967 of 2018 Arising Out of PS. Case No.-127 Year-2018 Thana- DAUDNAGAR District- Aurangabad ======================================================

1. Bhanu @ Bhalu Ram @ Sunil Kumar,

2. Kallu Ram @ Jitu Kumar Both Sons of Shyamdeo Ram, R/o Vill.- Panchkatua Rabidash Basti (Chamar Toli), Ward No. 21, P.S.- Daudnagar, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Daudnagar P.S. Case No. 127 of 2018 instituted for the offence under Section(s) 147, 148, 149, 323, 302, 448 and 504, of the Indian Penal Code and Section 27 of the Arms Act.

In the written report there is specific allegation against co-accused, namely, Arjun Ram and Sanjay Ram causing injury to Geeta Devi. The petitioners are named in the written report but there is no any allegation of specific overt act against them. It has further been submitted that one of the co-accused has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 03.07.2018 passed in Cr. Misc. No.

Patna High Court Cr.Misc. No.41967 of 2018(3) dt.23-07-2018 2/2 35969 of 2018.

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 Daudnagar P.S. Case No. 127 of 2018 and G.R. No. 302 of 2018, 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 S.D.J.M., Daudnagar 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