Dablu Halwayee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77708 of 2019 Arising Out of PS. Case No.-268 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

Dablu Halwayee Son of Rajesh Kumar @ Rajesh Halwayee @ Munna Halwayee 2.

Rajan Halwayee Son of Rajesh Kumar @ Rajesh Halwayee @ Munna Halwayee 3.

Rajesh Kumar @ Rajesh Halwayee @ Munna Halwayee S/o Dharmnath halwayee 4.

Ankit Halwayee Son of Rajesh Kumar @ Rajesh Halwayee @ Munna Halwayee 5.

Anshu Kumar Halwayee @ Anshu Halwayee Son of Rajesh Kumar @ Rajesh Halwayee @ Munna Halwayee All Resident of Village- Mahadeva, P.S.- Siwan Muffasil, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/324/325/307/379/504/34 of the Indian Penal Code. Petitioner Rajan Halwayee allegedly caused injury at the head of the informant with iron rod. The doctor has found lacerated wound on the scalp of the informant simple in nature. Since petitioner Ranjan Halwayee had knowledge that his act might cause death, I am not inclined to grant anticipatory bail

Patna High Court CR. MISC. No.77708 of 2019(3) dt.09-12-2019 2/2 to him. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court.

Other petitioners have not been alleged to have caused any injury on any vital part of any other person and they are carrying general and omnibus allegation.

Hence, let the petitioners, above named except petitioner No.2 Rajan Halwayee, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Siwan Muffasil Police Station Case No. 268 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./- U T