Kishori Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15015 of 2018 Arising Out of PS. Case No.-121 Year-2017 Thana- BARHAT District- Jamui ======================================================
1. Kishori Das, S/o Late Masudan Das,
2. Mishri Das, S/o Late Masudan Das,
3. Sukhi Das, S/o Late Masudan Das,
4. Ranjay Das @ Ranjay Kr. Das, S/o Sukhi Das,
5. Mahesh Das @ Mahesh Rabidas, S/o Pokhan Das,
6. Ganesh Das, S/o Late Ramdhani Das, Petitioner No.1 to 5 are R/o Bhandra, P.S.- Barhat, DistrictJamui and Petitioner No.6 R/o Sugbamahua, P.S.- Barhat, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar For the Opposite Party/s :
Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Barhat P.S. case no. 121/2017 instituted for the offence under Section(s) 147,148, 341, 323, 307, 448, 379, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioners has submitted that these petitioners have been implicated in this case due to land dispute. In the written report, it is alleged that petitioner no.4, namely Ranjay Das @ Ranjay Kr. Das assaulted the informant on the wrist of his right hand with rod and other accused persons also assaulted the wife of the informant and other family members. The injury reports of all the injured have been
Patna High Court Cr.Misc. No.15015 of 2018(3) dt.01-05-2018 2/3 enclosed as Annexure-2 series which show that the injuries sustained by the injured are simple in nature except injury no. 1 on the person of the informant which is abraison with swelling on right palm to be grievous in nature. It has also been submitted that counter case has also been filed by the wife of the petitioner no. 2 vide Barhat P.S. Case No. 01 of 2018 against the informant and others.
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 Barhat P.S.Case No. 121 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 the learned Judicial Magistrate, 1st Class, Jamui 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
Patna High Court Cr.Misc. No.15015 of 2018(3) dt.01-05-2018 3/3
(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