Md. Jakti And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55023 of 2017 Arising Out of PS.Case No. -289 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Md. Jakti S/o Md. Yunus

2. Md. Abrar S/o Md. Yunus Both residents of village - Gopalpur, P.S. - Kanti, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate. For the Opposite Party/s : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Kanti P.S. Case No. 289 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 354, 307, 379 and 504 of the Indian Penal Code.

As per written report there is specific allegation against co-accused Md. Sarfaraz of assaulting the informant with sword on his head whereas allegation against co-accused Md. Azad is of assaulting the informant on head with axe (Kulhari).There is general and omnibus allegation against these petitioners.

Patna High Court Cr.Misc. No.55023 of 2017 (2) dt.16-11-2017 2/2 It is mentioned in paragraph-3 of the bail petition that petitioners have no criminal antecedent.

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 Kanti P.S. Case No. 289 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 Sub Divisional Judicial Magistrate (West), Muzaffarpur, 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 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) S.Ali/- U T