Pankaj Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45477 of 2018 Arising Out of PS.Case No. -146 Year- 2018 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================
1. Pankaj Kumar, son of Birendra Rai,
2. Vinay Kumar, son of Ram Dayal Rai, resident of village- Bidupur Dih, P.S.- Bidupur, District- Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bidupur P.S. Case No.146 of 2018 instituted for the offence under Sections 447, 341, 323, 307, 379, 385, 504 and 506/34 of the Indian Penal Code.
There is allegation against petitioner No.1 of assaulting the informant on his head with Hasua causing injury to him. There is general and omnibus allegation against petitioner No.2 that he took away amount of Rs.15,000/- from the cash box. Injury report of the informant has been enclosed as Annexure-3 which shows that he sustained abrasion caused by hard and blunt substance.
Patna High Court Cr.Misc. No.45477 of 2018 (2) dt.13-08-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bidupur P.S. Case No.146 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 learned Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur, 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 bond 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) S.Ali/- Rohit Kr.
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