Vijay Prasad Sinha And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44281 of 2018 Arising Out of PS.Case No. -156 Year- 2018 Thana -NABINAGAR District- AURANGABAD ======================================================
1. Vijay Prasad Sinha, S/o Mithilesh Prasad Sinha,
2. Shivam Kumar @ Shivam Kumar Sinha, D/o Ranjit Prasad Sinha, Both R/o Village Mahuawn, P.S. Badam O.P., District- Aurangabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-07-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Nabinagar P.S. Case No.156 of 2018 instituted for the offence under Sections 341, 323, 307, 379, 506 and 504/34 of the Indian Penal Code.
Counsel for the petitioners has submitted that there is case and counter case between the parties. There is no allegation of assault on the informant against the petitioners. The name of the petitioners has been mentioned in last part of the First Information Report being members of unlawful assembly. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the
Patna High Court Cr.Misc. No.44281 of 2018 (2) dt.25-07-2018 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Nabinagar P.S. Case No.156 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, 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/- Rohit Kr.
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