Guddu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44425 of 2018 Arising Out of PS.Case No. -80 Year- 2017 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Guddu Kumar, son of Upendra Yadav,

2. Atul Kumar, son of Upendra Yadav, both residents of VillageMurliganj, Ward No. 11, P.S.- Murliganj, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Wasi Ahmad Khan, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Murliganj P.S. Case No.80 of 2017 instituted for the offence under Section(s) 341, 323, 324, 307, 354-B and 379/34 Indian Penal Code. It is submitted that there is case and counter case between two full brothers.

In the written report, it is alleged that petitioners and the informant are neighbours. They have no concern with dispute between the two brothers.

It has been submitted that co-accused, Upendra Yadav, has been granted anticipatory bail by this Court by order dated 25.04.2018 passed in Cr. Misc. No.3476 of 2018. In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.44425 of 2018 (3) dt.01-08-2018 2/2 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 Murliganj P.S. Case No.80 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 Chief Judicial Magistrate, Madhepura, 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