Md. Munna And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62749 of 2017 Arising Out of PS.Case No. -636 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Md. Munna, S/o Ramanand Singh,
2. Md. Chhotu S/o Ramanand Singh,
3. Md. Raju S/o Ramanand Singh, All are R/o Mustafapur, Mayaganj, P.S.- Barari, Distt.- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kotwali (Barari) P.S. Case No. 636 of 2017 instituted for the offence under Sections 147,148,149,341,323,307,379,354B,509,506 of the IPC. It is alleged in the written report that due to an altercation these petitioner along with other named accused persons and other 15-20 unknown persons brutally assaulted the informant and his family members and also committed theft of cash amount, ornaments etc.
Learned counsel for the petitioners has submitted that in the written report, there is specific allegation that the accused persons assaulted Sanjeev and Prashant with iron rod, farsa, knife etc. The case diary has been received, wherein, no injury report is available. It has further submitted that two accused persons have been granted bail by a coordinate Bench of this Court vide order
Patna High Court Cr.Misc. No.62749 of 2017 (4) dt.08-02-2018 2/2 dated 18.01.2018 passed in Cr. Misc. No. 3565 of 2018. Learned APP submits that there is no injury report of the injured in the case diary.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their 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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Kotwali (Barari) P.S. Case No. 636 of 2017, to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur, subject to condition as laid down u/S 438 (2) of the Cr. P.C.
with further conditions (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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers 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) khushbu/- U T