Rupesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35825 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- SHAKURABAD District- Jehanabad ======================================================

1. Rupesh Kumar, son of Chhakan Mistry.

2. Ramashish Mistry @ Ramashis Kumar, Son of Umesh Mistry.

3. Dhananjay Kumar, Son of Nathu Mistry.

4. Rajesh Kumar, Son of Badam Mistry.

5. Prabhu Kumar, Son of Badam Mistry.

6. Hare Ram Mistry Son of Late Raghunandan Mistry.

7. Chandan Kumar, Son of Hare Ram Mistry. All resident of Village- Nowama, P.S.- Shakurabad, District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rudra Deo For the Opposite Party/s :

Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Shakurabad P.S. Case No. 29 of 2018 instituted for the offence under Section(s) 147, 149, 341, 323, 325, 307, 427, 379, 448, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that although petitioners are named in the FIR but there is no allegation of specific overt act against these petitioners. The specific allegation of assault is attributed against co-accused Chitranjan Vishwakarma and Pramod Thakur, who are not the

Patna High Court Cr.Misc. No.35825 of 2018(3) dt.24-07-2018 2/2 petitioners, in the instant case.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Shakurabad P.S. Case No. 29 of 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 Sub Judge-I, Jehanabad, 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 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) shyambihari/- U T