Krishna Rajbansi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41593 of 2018 Arising Out of PS.Case No. -95 Year- 2017 Thana -NAWADA District- NAWADA ======================================================

1. Krishna Rajbansi, S/o Chandan Rajbansi,

2. Dharmendra Rajbansi S/o Gaya Rajbansi, Both are R/o Vill.- Chokhar, P.S.- Town (Kadirganj O.P.), District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Learned counsel for the petitioners has submitted that Petitioner no. 1, Krishna Rajbansi, has already been arrested. Therefore, his anticipatory bail petition has become infructuous. Accordingly, the anticipatory bail petition of petitioner no. 1, Krishna Rajbansi is dismissed as has become infructuous. Petitioner no. 2 apprehends his arrest in Town (Nawada) P.S. Case No. 95/2017 instituted for the offences under Sections 447, 341, 323, 307 and 379/34 of the Indian Penal Code. In the written report, there is allegation that petitioner no. 2 gave a lathi blow to the informant and also snatched his golden ornaments.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against petitioner no. 2.

Patna High Court Cr.Misc. No.41593 of 2018 (2) dt.17-07-2018 2/2 Considering the facts and circumstances of the case, the prayer for anticipatory bail of petitioner no. 2 is allowed. In the event of surrender/arrest of the petitioner no. 2, named above, within six weeks from today, in connection with Town (Nawada) P.S. Case No. 95/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, 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) petitioner 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 petitioner and (3) if petitioner 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 petitioner. (Sanjay Priya, J.)