Sudama Bind @ Sudama Vind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.273 of 2020 Arising Out of PS. Case No.-217 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Sudama Bind @ Sudama Vind Son of Late Haribansh Bind @ Late Haribansh Vind Resident of Village - Baddi, P.S.- Sheosagar (Baddi O.P.), Distt - Rohtas at Sasaram.

2.

Dinesh Bind @ Dinesh Vind @ Dinesh Kumar Son of Sudama Bind @ Sudama Vind Resident of Village - Baddi, P.S.- Sheosagar (Baddi O.P.), Distt - Rohtas at Sasaram.

3.

Pintu Bind @ Pintu Vind @ Pinku Vind Son of Ram Chandra Vind Resident of Village - Baddi, P.S.- Sheosagar (Baddi O.P.), Distt - Rohtas at Sasaram. 4.

Kundan Bind @ Kundan Vind Son of Ram Chandra Bind Resident of Village - Baddi, P.S.- Sheosagar (Baddi O.P.), Distt - Rohtas at Sasaram. ... ... Petitioners

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party :

Mr.Abhay Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

Scuffle took place between the parties over distribution of mango fruits of a tree which is alleged to be in joint possession of the parties.

Learned counsel for the petitioners submits that in fact parties are co-sharer, and no such offence took place between them. Petitioners have got no criminal antecedent. It is further submitted that the dispute is of civil nature. Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of

Patna High Court CR. MISC. No.273 of 2020(2) dt.19-02-2020 2/2 the order, be released on 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 Sub Divisional Judicial Magistrate, Sasaram, Rohtas in Sheosagar (Baddi) Police Station Case No. 217 of 2019, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T