Durga Gond And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38257 of 2018 Arising Out of PS.Case No. -181 Year- 2018 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Durga Gond, son of Shivpujan Gond, &

2. Sonu Gond, son of Nandu Gond, both resident of village-Karnpura, Pipara, P.S.-Durgawati, District-Kaimur at Bhabhua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 11-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Durgawati P.S. Case No.181 of 2018 instituted for the offence under Section(s) 341, 323, 354-B, 307, 504/34 Indian Penal Code. Counsel for the petitioners submits that there is land dispute between the parties. All the injuries on the person of the injured were found to be simple.

In the written report, it is alleged that these petitioners assaulted the informant and her Gotani. Injury reports of both the injured have been filed by the counsel for the petitioners from which it appears that injuries on both the injured were simple in nature.

Patna High Court Cr.Misc. No.38257 of 2018 (3) dt.11-07-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Durgawati P.S. Case No.181 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 the Chief Judicial Magistrate, Kaimur at Bhabhua, 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 bonds 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) JA/- U T