Radha Kishun Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59030 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -KATEYA District- GOPALGANJ ======================================================

1. Radha Kishun Sah.

2. Hari Kishun Gond @ Hari Kishun Sah, Both are sons of Ram Sagar Sah, Residents of Village- Bankatiya Tola Kalichhapar, P.S.- Kateya, DistrictGopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kateya P.S. Case No. 58 of 2017 instituted for the offence under Section-307 & other minor Sections of the Indian Penal Code.

It is alleged in the written report that petitioner No. 2 assaulted the wife of the informant on head with Farsa and petitioner No. 1 assaulted father of the informant on head with Farsa. The injury report of both the injured persons have been annexed as Annexures-3 & 4 wherein the doctor has found injuries on the persons of injured to be simple in nature caused by hard and blunt substance.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event

Patna High Court Cr.Misc. No.59030 of 2017 (2) dt.12-12-2017 2/2 of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Kateya P.S. Case No. 58 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Gopalganj subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T