Ajit Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59400 of 2017 Arising Out of PS.Case No. -1207 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Ajit Kumar, S/o Laldeo Singh @ Deolal Singh,

2. Vikash Mahto, S/o Naresh Mahto @ Ram Pravesh,

3. Deepak Thakur, S/o Umashankar Thakur, All R/o Village/MohallaKuraeech, P.S.- Sasaram (T), District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ramchandra Singh, Advocate. For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-02-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Sasaram (T) P.S. Case No. 1207 of 2017 instituted for the offence under Sections 341, 323, 307, 354B, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is case and counter case between the parties. The counter case has been filed by petitioner No. 2 against son of the informant and others vide Sasaram (T) P.S. Case No. 1206 of 2017 in which petitioner No. 2 and one Ravi Ranjan have sustained serious injuries and they have been referred to Varanasi

Patna High Court Cr.Misc. No.59400 of 2017 (3) dt.01-02-2018 2/3 Hospital for better treatment.

In the instant case there is allegation that these petitioners along with other accused persons assaulted the son of the informant while he was standing on the road and he sustained injury on his head.

Case diary has been received.

The injury report of son of the informant has been mentioned in paragraph-27 of the case diary wherein the Doctor has found one injury on the scalp which is lacerated wound 2 1⁄2" x 1⁄2" x Bone deep upper point of skull and opinion has been kept reserved.

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 Sasaram (T) P.S. Case No. 1207 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 learned Chief Judicial Magistrate, Rohtas at Sasaram, 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

Patna High Court Cr.Misc. No.59400 of 2017 (3) dt.01-02-2018 3/3 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/- U T