Patna High Court - OrdersBush Kumar @ Mritunjay Kumar & Anr vs The State Of Bihar on 3 January, 2018Author:Sanjay PriyaBench:Sanjay PriyaIN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.45221 of 2017
                   Arising Out of PS.Case No. -110 Year- 2017 Thana -M ADANPURA District- AURANGABAD
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                 1. Bush Kumar @ Mritunjay Kumar, S/o Jairam Singh
                 2. Gautam Kumar, S/o Jairam Singh Both R/O Village Banokhar,
                 P.S.Madanpur, District-Aurangabad

                                                                              .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar

                                                                 .... .... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s      : Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s : Mr. Md. Sufiyan, APP
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                 CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                 ORAL ORDER

7   03-01-2018Heard learned counsel for the petitioners and the State.The petitioners apprehend arrest in Madanpur P.S. Case

                 No. 110 of 2017 instituted for the offence underSections

                 341,323,307,379,504/34of the IPC.Learned counsel for the petitioners has submitted that

                 there is a case and counter case between the parties. The son of

                 petitioner no. 2 namely Mritunjay Kumar has also filed a case vide

                 Madanpur P.S. Case No. 114 of 2017 against the informant and

                 others. Both the parties are adjacent neighbour. There is dispute

                 for construction of boundary wall between them. In the instant

                 case, there is allegation against both these petitioners of assaulting

                 the informant with iron rod and lathi. The injury report has been

                 enclosed as Annexuere-2 series to the petition, wherein, it is foundPatna High Court Cr.M isc. No.45221 of 2017 (7) dt.03-01-20182/2that the injury on the person of injured are simple in nature.In such circumstances, prayer for anticipatory bail is

                         allowed and it is ordered that the petitioners, named above, in the

                         event of their arrest or surrender in the court below within six

                         weeks from the date of receipt/production of copy of this order,

                         shall be released on bail on furnishing bail bonds of Rs. 10,000/-

                         (ten thousand) each with two sureties of the like amount each in

                         connection with Madanpur P.S. Case No. 110 of 2017 to the

                         satisfaction of learned C.J.M., Aurangabad subject to condition as

                         laid downu/S 438 (2)of the 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 dated

                         fixed by the court and absence on two consecutive dates without

                         proper and reasonable reason, will automatically cancel bail bonds

                         of the petitioners and (3) if the petitioners tampers 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)
khushbu/-U             T