Rohit Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45891 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- CHAKAMHESI District- Samastipur ======================================================

1. Rohit Kumar,

2. Manoj Kumar Mishra @ Manoj Kumar,

3. Vivek Kumar, All are Sons of Amrendra Mishra @ Mannu Mishra, resident of Village- Malinagar, P.S.- Chak Mehsi, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anjum Akhter For the Opposite Party/s :

Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Chakmehsi P.S. case no. 23/18 instituted for the offence under Section(s) 147, 148, 307, 323, 324, 379, 504 and 506 of the Indian Penal Code. It is alleged that while the informant was collecting milk in the Mithila Dairy Centre all these petitioners arrived and assaulted the informant with pistol, rod danda etc. causing injury to him. The injury report of the informant has been annexed Annexure-2 which shows that all the injury on the person of the informant were abrasion except one injury i.e. lacerated wound over back of his scalp for which the doctor has

Patna High Court Cr.Misc. No.45891 of 2018(2) dt.18-08-2018 2/2 kept the opinion reserved.

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 Chakmehsi P.S. case no. 23/18 , 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 ACJM Samastipur, 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