High Court granted anticipatory bail to petitioners in a Tisuauta P.S. Case. Judicial Magistrate at Hajipur to release them on bail bond with conditions upon surrender within six weeks.
Anticipatory bail allowed; surrender within six weeks required with bail bond of Rs.10,000 each and two sureties to C.J.M. Vaishali.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15797 of 2017
Arising Out of PS.Case No. 02 Year- 2017 Thana -TISIAUTA District- VAISHALI (HAJIPUR)
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Vasant Vikas, Advocate. For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
Heard learned counsel for the petitioners and the State.
2 01-05-2017
The petitioners apprehend their arrest in Tisuauta P.S. Case No. 02 of 2017 instituted for the offence under Sections 341, 323, 307 and 506/34 of the Indian Penal Code.
As per written report for the dispute of Rasta, petitioners along with another accused assaulted the informant and other prosecution party with lathi, tengari, farsa, bhala etc. who got treated in Jandaha Hospital.
The injury report has been enclosed as Annexure-2 series wherein doctor has found that all the injuries were simple in nature. From the written report itself, it appears that the dispute arose on account of land dispute.
It is mentioned in paragraph-3 of the bail petition that
Patna High Court Cr.Misc. No.15797 of 2017 (2) dt.01-05-2017
2/2
petitioners have no criminal antecedent.
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 Tisuauta P.S. Case No. 02 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, 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 (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
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners apprehending arrest in §§341, 323, 307 and 506/34 IPC?
Manoj Kumar and others
The State of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
