The High Court of Patna granted anticipatory bail to petitioners in PS Case 81/2017 Dumraon, Buxar, excepting petitioner No. 5, Hari Narayan Choudhary, whose application was withdrawn by consent.
Anticipatory bail allowed for petitioners except No. 5 Hari Narayan Choudhary subject to bond of ` 10,000 and standard conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32435 of 2017
Arising Out of PS.Case No. -81 Year- 2017 Thana -DUMRAUN District- BUXAR
======================================================
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Shambhu Sharan Sharma, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2/ 14-07-2017 Learned counsel for the Petitioners submits that petitioner No.5, Hari Narayan Choudhary, has been arrested and seeks permission to withdraw the application in so far as it relates to petitioner No.5.
Accordingly, this application is dismissed as withdrawn in respect of the petitioner No.5- Hari Narayan Choudary.
Heard learned counsel for rest of the Petitioners and the State.
The Petitioners apprehend their arrest in Dumraon (New Bhojpur OP) P.S. Case No.81 of 2017 instituted for the
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offence under Section(s) 341, 323, 337, 307, 354, 504/34 Indian Penal Code.
It has been submitted that co-accused, Deo Kumar Choudhary, and the informant, Vijay Choudhary, are full brothers and the altercation had taken place on account of flow of drainage water.
As per the written report, there is general and omnibus allegation against the petitioners.
In the facts and circumstances of the case, prayer of the petitioners except petitioner No.5Hari Narayan Choudhary for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, except petitioner No.5- Hari Narayan Choudhary within six weeks from today in connection with Dumraon (New Bhojpur OP) P.S. Case No.81 of 2017, they shall be released on anticipatory bail on furnishing bail bond of ` 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, 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
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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)
JA/-
U T
1 issue framed by the court
Whether anticipatory bail can be granted to petitioners except petitioner No. 5 who sought withdrawal of application.
1 provisions across 1 enactments
Phool Jhari Devi
Pratima Devi
Hari Om Choudhary
Hari Bishnu Choudhary
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
