Mantu Roy @ Mintu Roy And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41265 of 2018 Arising Out of PS.Case No. -38 Year- 2018 Thana -SAHPUR District- PATNA ======================================================

1. Mantu Roy @ Mintu Roy, S/o Bishundeo Rai,

2. Sesh Roy @ Sesh Narayan Roy, S/o Late Devnath Rai,

3. Rajesh Kumar ,S/o Late Devnath Rai, All are R/o Vill.- Mubarakpur, P.S.- Shahpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarvan Kumar, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar-2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Shahpur P.S. Case No. 38 of 2018 instituted for the offence under Sections 147, 149, 232, 341, 324, 307 and 379 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is case and counter case between the parties. The father of petitioner No. 1 has instituted Shahpur P.S. Case No. 39 of 2018 against the informant and his family members. In the instant case the allegation against petitioner No. 2 is of assaulting the informant with sword on his head but there is no injury report of the informant. There is general and omnibus

Patna High Court Cr.Misc. No.41265 of 2018 (2) dt.17-07-2018 2/2 allegation against the petitioners.

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 Shahpur P.S. Case No. 38 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 learned Additional Chief Judicial Magistrate, Danapur, Distt. Patna, 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 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