High Court granted anticipatory bail to seven petitioners facing criminal charges in a disputes-involving assault case, subject to surrender within six weeks and specific conditions of cooperation.
Prayer for anticipatory bail allowed; surrender required within six weeks subject to bail bond and conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10120 of 2018
Arising Out of PS. Case No.-202 Year-2017 Thana- BASOPATTI District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. SRI BINOD KUMAR ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 22-02-2018
Heard learned counsel for the petitioners and learned APP
for the State.
Petitioners apprehend their arrest in Basopatti P.S. case no. 202 of 2017 instituted for the offence under Section(s) 147, 149, 341, 323, 324, 307, 379, 427 and 504 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is case and counter case between the parties. Petitioner no.2 was assaulted by the prosecution side for which he has filed Basopatti P.S. case no. 203/17. In the instant case there is
Patna High Court Cr.Misc. No.10120 of 2018(2) dt.22-02-2018 2/3
allegation of assault by these petitioners to the informant and other family members with Dabia, farsa,lathi. The injury report of the injured have been annexed as Annexure-3 series which shows that all the injuries sustained are simple in nature.
From the written report itself, it appears that the dispute has taken place on account of land dispute.
Learned counsel for the informant has appeared and opposed the prayer for bail.
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 Basopatti P.S. case no. 202 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 ACJM-IV, Madhubani, 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
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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)
shyambihari/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest in Basopatti P.S. case no. 202 of 2017 involving criminal offences.
1 provisions across 1 enactments
Pradeep Yadav @ Pradeep Kumar Yadav 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
