Rakesh Singh @ Kheman Singh @ Rakesh Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37300 of 2018 Arising Out of PS.Case No. -162 Year- 2017 Thana -LAXMIPUR District- JAMUI ======================================================

1. Rakesh Singh @ Kheman Singh @ Rakesh Kumar Singh,

2. Rahul Singh @ Rahul Kr. Singh @ Kumar Rahul, both son of Parmeshwar Singh, R/o Matiya, P.S.- Laxmipur, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 12-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Laxmipur P.S. Case No.162 of 2017 instituted for the offence under Section(s) 341, 323, 324, 308, 504/34 Indian Penal Code. Counsel for the petitioners submits that altercation had taken place on account of flow of drainage water. In the written report, it is alleged that petitioner No.1 gave spade blow on the head of the informant and petitioner No.2 assaulted the mother of the informant with spade. The Additional Sessions Judge has mentioned in the impugned order that injury report is mentioned in para 21 of the case diary, wherein, doctor has found simple injury on the person

Patna High Court Cr.Misc. No.37300 of 2018 (3) dt.12-07-2018 2/2 of the injured.

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 Laxmipur P.S. Case No.162 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 Additional Chief Judicial Magistrate, 3rd, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- U T