Randhir Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37316 of 2018 Arising Out of PS.C.ase No. -332 Year- 2018 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Randhir Kumar, S/o Harendra Singh,

2. Chandu Kumar @ Chandan Kumar S/o Sushil Das @ Buttu Das, Both Residents of Vill.- Rambhadra, P.S.- Town, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Advocate Smt. Rashmi Jha, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Hajipur town P.S. Case No. 332/2018, instituted for the offence punishable under Sections 399, 402 and 414 of the Indian Penal Code read with Sections 25(1-B) a, 26 and 35 of the Arms Act. Learned counsel for the petitioners has submitted that in the written report, it is alleged that one Ajit Kumar was arrested by the police. From his possession a Motorcycle, one country made pistol and a live cartridge were recovered. He disclosed the name of the petitioners before the police. Except the confessional statement of co-accused, there is nothing against the petitioners to show their involvement in the alleged occurrence. The petitioners

Patna High Court Cr.Misc. No.37316 of 2018 (3) dt.24-07-2018 2/2 were not present on the spot. They have clean antecedents. Considering the facts and circumstances of the case, the 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 Hajipur Town P.S. Case No. 332/2018, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 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.) Rakhi U T