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Patna High CourtCR. MISC./5797/2018bail granted

Ajeet Kumar Sah And ANR v. The State Of Bihar

2018-02-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5797 of 2018 Arising Out of PS.Case No. -396 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Ajeet Kumar Sah, S/o Late Ram Chandra Sah,

2. Poonam Devi, W/o Ajeet Kumar Sah, Both R/o Village- Gudari Road, Ward No.9, P.S.- Dalsingsarai, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Chandra Shekhar Azad, Advocate. For the Opposite Party/s : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Dalsingsarai P.S. Case No. 396 of 2017 instituted for the offence under Sections 307 and 320/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the instant case has been filed on account of land dispute. There is general and omnibus allegation against the petitioner that he tried to give poison to the informant.

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

Patna High Court Cr.Misc. No.5797 of 2018 (3) dt.22-02-2018 2/2 six weeks from today, in connection with Dalsingsarai P.S. Case No. 396 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 Additional Chief Judicial Magistrate, Dalsingsarai (Samastipur), 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