Ganauri Bind And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78948 of 2018 Arising Out of PS. Case No.-198 Year-2018 Thana- ASHTHAWAN District- Nalanda ======================================================
1. Ganauri Bind S/o Late Ramroop Bind
2. Pankaj Kumar S/o Ganauri Bind
3. Nitish Kumar S/o Manju Bind
4. Gana Kumar S/o Manju Bind
5. Fantush Kumar S/o Sanjay Bind
6. Vijay Bind S/o Late Chauthi Bind All R/vill- Sujanbigha, P.S-Asthawan,Distt.-Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Binod Kumar No.3, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Asthawan P.S. Case No. 198 of 2018, registered for the offences punishable under Sections 147, 149, 323, 307, 337, 447, 504 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation has been made that the informant Parmindar Bind was sitting near the community hall. In the meantime, Ajay Kumar @ Niraj Kumar and Pankaj Kumar came there and started abusing and assaulting him with Chappal. Some people have intervened. They returned to the house. Thereafter, aforesaid coaccused along with Nitish Kumar, Sudhir Kumar, Funtus Kumar,
Patna High Court Cr.Misc. No.78948 of 2018(2) dt.09-01-2019 2/2 Gana Kumar, Ganauri Bind, Yogi Bind, Dilip Bind and Vijay Bind came and started assaulting with brick and stone. There is specific allegation of firing against Ajay Kumar @ Niraj Kumar and Sudhir Kumar. So far these petitioners are concerned, there is no specific allegation against them.
Looking to the entire facts and circumstances of the case, let the petitioners above-named be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Asthawan P.S. Case no. 198 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) V.K.Pandey/- U T