Pankaj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30276 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -BALIA District- BEGUSARAI ====================================================== 1.

Pankaj Kumar, Son of Prabhu Sah, Resident of Village- Salechak, Barbighi, P.S.- Ballia, District- Begusarai.

2.

Md. Wakil @ Md. Wakil Ahmad, son of Ishak, resident of village Salechak, Barbighi, P.S. Ballia, Distt. Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-05-2018 Supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on the record.

Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Ballia P.S. Case No. 06 of 2018 instituted for the offence under Sections 147, 148, 149, 341, 323, 332, 353 and 307 of the Indian Penal Code. Learned counsel for the petitioners has submitted that two similarly situated co-accused persons namely, Sunil Sah and Rohit Paswan have already been granted anticipatory bail by this Court vide order dated 02.05.2018 passed in Cr. Misc. 25917 of 2018. In the written report there is general and omnibus allegation against the petitioners. The allegation against the petitioners is that they along with others after forming an unlawful assembly

Patna High Court Cr.Misc. No.30276 of 2018 (2) dt.23-05-2018 2/2 assaulted the police party and blocked the NH-31. 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 six weeks from today, in connection with Ballia P.S. Case No. 06 of 2018, they 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 learned Chief Judicial Magistrate, Begusarai, 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