Ashok Sah And Ashok ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12055 of 2018 Arising Out of PS.Case No. -27 Year- 2017 Thana -PATLIPUTRA District- PATNA ======================================================
1. Ashok Sah @ Ashok,
2. Kisundeo Sah @ Krishnadeo Sah, Both are sons of Shri Manki Sah, R/o Mohalla- Jai Prakash Nagar, Road No. 5, P.S.- Shashtri Nagar, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Navendu Kumar, Advocate. For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Patliputra P.S. Case No. 27 of 2017 instituted for the offence under Sections 341, 323, 504, 506, 379, 308 and 34 of the Indian Penal Code. It is alleged in the written report that while the informant was going to Utsav Gas Godown, he was stopped by four accused persons including petitioners near Loha Gate. The allegation against the petitioners is that he assaulted the informant with iron rod and danda on his head causing injury to him and he became senseless. The petitioners are also named in the First Information Report. The injury report of the informant has been enclosed as Annexure-2 which shows that the informant has sustained simple injury on his person.
Patna High Court Cr.Misc. No.12055 of 2018 (3) dt.06-04-2018 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 Patliputra P.S. Case No. 27 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 Shri Ratneshwar Kumar Singh, learned Sub Judge-XII cum A.C.J.M., Patna, 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/- U T