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Patna High CourtCR. MISC./19607/2018bail granted

Raju Das And ANR v. The State Of Bihar

2018-04-27Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19607 of 2018 Arising Out of PS.Case No. -43 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================

1. Raju Das, S/o Anjani Das,

2. Tinku Das, S/o Anjani Das, Both R/o Village- Bhaua, P.S.- Patory, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22178 of 2018 Arising Out of PS.Case No. -43 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================

1. PANKAJ DAS @ PANKAJ KUMAR DAS Son of Anjani Das Resident of Village- Bhaua,P.S. Patory, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate Miss. Rashmi Bharti For the Opposite Party/s : Mr. Anant Kumar : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-04-2018 Heard learned Senior Counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners in Cr. Misc. No. 19607 of 2018 have been in custody since 30.01.2018 and the petitioner in Cr. Misc. No. 22178 of 2018 has been in custody since 12.11.2017 in connection with Patory P.S. Case No. 43 of 2017 registered for the offences punishable under Sections 341/323/302/504/427/34 of

Patna High Court Cr.Misc. No.19607 of 2018 (3) dt.27-04-2018 2/3 the Indian Penal Code.

Learned Senior Counsel for the petitioners submits that it appears from a plain reading of the First Information Report that the petitioners in both the cases are members of the same family and the allegations made against them are general and omnibus in nature. It is further submitted that there appears to be some dispute and the petitioners are having no criminal antecedent.

Taking into consideration the aforementioned facts and circumstances and the nature of allegation made, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur, in connection with Patory P.S. Case No. 43 of 2017, subject to the following conditions:-

(1) One of the bailors will be their father.

(2) The petitioner shall not indulge themselves in any similar offence till conclusion of the trial.

(3) The petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled

Patna High Court Cr.Misc. No.19607 of 2018 (3) dt.27-04-2018 3/3 by the learned court concerned.

(4) The petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Saif/- U T