Abhijeet Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51329 of 2017 Arising Out of PS.Case No. -177 Year- 2017 Thana -ANDER District- SIWAN ======================================================

1. ABHIJEET KUMAR, S/o Ashok Rajbhar,

2. Munna Rajbhar, s/o Permeshwar Rajbhar Both R/o Village- Andar (Bhartoliya), P.S.- Andar, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Andar P.S. Case No. 177/2017 instituted for the offence under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code. There is allegation against these petitioners that they assaulted the informant with lathi. There is specific allegation against Abhishek of assaulting the informant with rod on his head. Counsel for the petitioners has submitted that these petitioners have falsely been implicated in the case. There is specific allegation against Abhishek of assaulting the informant with rod on his head.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners are allowed. In the

Patna High Court Cr.Misc. No.51329 of 2017 (2) dt.08-11-2017 2/2 event of surrender/arrest of the petitioners named above, within six weeks from today, in connection with Andar P.S. Case No. 177/2017, they shall be enlarged 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 learned Chief Judicial Magistrate, Siwan, subject to the conditions as laid down under Section 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) Vinita/- U T