Kumar Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1966 of 2020 Arising Out of PS. Case No.-188 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Kumar Gaurav Son of Sunil ray @ Sunil Kumar Ray Resident of Village - Pipra, P.S.- Chautham, Distt.- Khagaria.

2.

Sunil Ray @ Sunil Kumar Ray Son of Yoganand Ray Resident of Village - Pipra, P.S.- Chautham, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Chautham P.S. Case No. 188 of 2019, registered for the offence punishable under Sections 341, 323, 307, 506 and 34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. There is case and counter case. Both sides sustained injuries. There is land dispute between the parties. Specific allegation of assault by butt of pistol on the head of informant's father is against Kumar Gaurav. As per injury report, it is skin deep on head, but doctor (private hospital) has found grievous injury on head. Petitioners have got clean antecedent.

Patna High Court CR. MISC. No.1966 of 2020(2) dt.25-02-2020 2/2 Considering the facts aforesaid, the petitioners above-named in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 learned Judicial Magistrate Ist Class, Khagaria in connection with Chautham P.S. Case No. 188 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the court below.

(ii) If the 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. (Prabhat Kumar Singh, J) vinita/- U T