Dharamvir Bind @ Dharamvir Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12013 of 2018 Arising Out of PS.Case No. -308 Year- 2016 Thana -GHOSI District- JEHANABAD ======================================================

1. Dharamvir Bind @ Dharamvir Kumar, S/o Ramparvesh Bind,

2. Suman Kumar, S/o Sattendar Bind,

3. Pawan Bind @ Pawan Kumar, S/o Upendra Bind,

4. Mahendra Bind, S/o Fagu Bind, All are residents of Village- Keroti Garh, P.S.- Ghosi, Dist- Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nitya Nand Neeraj, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Ghoshi P.S. Case No. 308 of 2016 instituted for the offence under Sections 147, 148, 149, 323, 337, 341, 504 and 307 of the Indian Penal Code.

In the written report it is alleged that petitioners assaulted the informant and his other family members with lathi, danda, bricks etc. It is alleged that occurrence had taken place on account of non-performing of Laxmi Puja by the informant as well as his caste people.

It has been submitted that petitioner No. 4 has lodged

Patna High Court Cr.Misc. No.12013 of 2018 (3) dt.05-04-2018 2/3 counter case vide Ghoshi P.S. Case No. 309 of 2016 against the informant and others.

Case diary has been received.

The injury report is available in the case diary which shows that all the injuries sustained by the injured were simple in nature. The opinion regarding some of the injuries was 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 Ghoshi P.S. Case No. 308 of 2016 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, Jehanabad, 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

Patna High Court Cr.Misc. No.12013 of 2018 (3) dt.05-04-2018 3/3 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