Mukesh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17477 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -JAHANABAD District- JEHANABAD ======================================================
1. Mukesh Kumar, S/o Madan Kumar @ Madan Yadav,
2. Vipi Kumar S/o Sanjay Yadav, both are r/o village- Nadaul, P.S.- Masaurhi, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Jehanabad P.S. Case No.30 of 2018 instituted for the offence under Section(s) 406, 302/34 Indian Penal Code and Section 27 of the Arms Act. In the written report, there is allegation that the informant heard two sounds of firing and thereafter he found these petitioners running away towards railway line. It is further alleged that the informant on suspicion went towards PCC road of the village and found in the light of Tempo that two persons were running towards north of the village, but could not identify them. The informant reached near Tempo where he found dead body of his son. Blood was oozing from his head.
Patna High Court Cr.Misc. No.17477 of 2018 (3) dt.26-04-2018 2/3 Counsel for the petitioners has submitted that the informant has filed petition in the Court below, wherein, he has stated that he has mentioned the name of these petitioners in nervous state of mind.
From the written report, it appears that mere suspicion has been raised by the informant against the petitioners. 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.30 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 Additional Chief Judicial Magistrate-I, 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 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
Patna High Court Cr.Misc. No.17477 of 2018 (3) dt.26-04-2018 3/3 will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T