Amit Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17353 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Amit Kumar, Son of Dukhi Mahto

2. Ajit Chaudhary, Son of Shri Deo Chaudhary

3. Vikash Thakur, Son of Late Ishwar Thakur All Resident of Village-Paingary, P.S.-Warsaliganj, Dist-Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar, Advocate. For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Warsaliganj P.S. Case No. 11 of 2018 instituted for the offence under Sections 341, 323, 308, 447 and 504/34 of the Indian Penal Code. The Sessions Judge has mentioned about the injury report of the informant available in paragraph-34 of the case diary wherein the injury has been found to be simple in nature. It has been submitted that there is general and omnibus allegation against the petitioners in the written report, that they arrived and assaulted the informant with lathi causing injury to him.

Patna High Court Cr.Misc. No.17353 of 2018 (2) dt.02-04-2018 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 Warsaliganj P.S. Case No. 11 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 Chief Judicial Magistrate, Nawada, 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