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Patna High CourtCR. MISC./11163/2018bail granted

Ujjwal Kumar @ Sanni Kumar @ Sanni And ANR v. The State Of Bihar

2018-03-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11163 of 2018 Arising Out of PS.Case No. -169 Year- 2017 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================

1. Ujjwal Kumar @ Sanni Kumar @ Sanni, Son of Arbind Kumar Pandey,

2. Prashant Kumar @ Chhotu Kumar @ Chhotu, Son of Suresh Pandey, Both resident of Village- Dharhara, P.S.- Sarai, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Advocate. For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Sarai P.S. Case No. 169 of 2017 instituted for the offence under Sections 341, 323, 354, 307, 379, 34 and 504 of the Indian Penal. Learned counsel for the petitioners has submitted that there is specific allegation against co-accused Suraj Kumar Shukla of causing injury with knife on the person of the informant. There is no allegation of any specific overt act against the petitioners. The injury report of the informant has been enclosed as Annexure-4 wherein the Doctor has found simple injury on the person of the injured.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.11163 of 2018 (2) dt.07-03-2018 2/2 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 Sarai P.S. Case No. 169 of 2017, 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 Chief Judicial Magistrate, Vaishali at Hajipur, 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