Suresh Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37497 of 2017 Arising Out of PS.Case No. -294 Year- 2016 Thana -DARIYAPUR District- SARAN ======================================================
1. Suresh Rai, S/o Baijnath Rai, Resident of Village- Sarai Muzaffar, P.O.- Parsa, P.S.- Dariapur, Distt- Saran.
2. Mukesh Rai @ Chakauri Rai, S/o Late Sheodiyal Rai, Resident of Village- Chaksahwaz, P.S.- Parsa, District- Saran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners. None appears on behalf of the State.
The petitioners apprehend arrest in Dariyapur P.S. Case No. 294 of 2016 instituted for the offence under Section-307 & other minor Sections of the Indian Penal Code.
It has been submitted on behalf of petitioners that there is general and omnibus allegation that he pulled the informant by muffler wrapping around the neck and also caused injury to him with knives. The injury report has been enclosed as Annexure-2 to this petition which shows that all the injuries were found to be simple in nature.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event
Patna High Court Cr.Misc. No.37497 of 2017 (4) dt.21-09-2017 2/2 of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Dariyapur P.S. Case No. 294 of 2016 to the satisfaction of Susri Saroj Kumari, learned Additional Chief Judicial Magistrate-IV, Saran at Chapra subject to condition as laid down u/S 438(2) of the 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) A.K.V.