Rana Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53130 of 2017 Arising Out of PS.Case No. -483 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Rana Kumar, son of Prahlad Paswan,
2. Prahlad Paswan, son of Late Yogendra Paswan,
3. Kundan Paswan, son of Late Yogendra Paswan,
4. Mahindra Paswan @ Mahendra Paswan, son of late Anandi Paswan,
5. Sitaram Paswan, son of late Anandi Paswan,
6. Subhankar Kumar @ Shubhankar Ray, son of Brahmdeo Paswan,
7. Amir Ray, son of Mohan Ray,
8. Ashok Kumar Ram, son of Mohan Ram, all resident of Village- Suhath, P.S.- Sour Bazar, District- Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 12-12-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Saur Bazar P.S. Case No.483 of 2016 instituted for the offence under Section(s) 147, 149, 341, 323, 324, 379, 504, 506 and 307 Indian Penal Code.
As per written report, there is specific allegation against petitioner no.1 of assaulting the informant with iron rod on the head on account of which he fell down. Case diary along with Injury Report has been received, wherein, doctor has found bleeding from nose with
Patna High Court Cr.Misc. No.53130 of 2017 (3) dt.12-12-2017 2/3 swelling and tenderness and fracture of left nose bone. In view of such, this Court is not inclined to grant privilege of anticipatory bail to the petitioner no.1 (Rana Kumar). Accordingly, prayer of the petitioner no.1 for grant of anticipatory bail is rejected.
So far as petitioner nos.2 to 8 are concerned, there is general and omnibus allegation against them.
In the facts and circumstances of the case, prayer of the petitioner nos.2 to 8 for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner nos.2 to 8, named above, within six weeks from today in connection with Sour Bazar P.S. Case No.483 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, 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 absence on two consecutive dates without proper and reasonable reason will
Patna High Court Cr.Misc. No.53130 of 2017 (3) dt.12-12-2017 3/3 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) JA/- U T