Kartik Bind And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 7013 of 2015 Arising Out of PS.Case No. -36 Year- 2013 Thana -PIRI BAZAR District- LAKHISARAI ======================================================

1. Kartik Bind S/o Saryu Bind.

2. Hirdu Bind S/o Chano Bind.

Both are Village - Tumni, P.S. - Piribazar, District - Lakhisarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajnish Chandra, Advocate.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 10-04-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in Piribazar P.S. Case No. 36 of 2013 dated 20.07.2013 instituted under Sections 447/341/371/323/324/504/34 of the Indian Penal Code and lateron chargesheet submitted under Sections 147/148/ 149/324/307/379/504 of the Indian Penal Code. Learned counsel for the petitioners submits that they are not named in the F.I.R. and only after one month on the basis of the statement made by the injured, they have been made accused along with three others. It is submitted that in the darkness of the night nobody was recognized and only later on due to village politics, the injured has named five persons though one person out of the same was already dead. It is also submitted that two accused persons have been

Patna High Court Cr.Misc. No.7013 of 2015 (3) dt.10-04-2015 2/2 granted bail by the Court below itself and even in the present case the Court below on 27.01.2015, while rejecting the prayer for bail has observed that the petitioners may renew their prayer for bail after three months which has already elapsed. It is further submitted that the petitioners have no criminal antecedent.

Learned A.P.P., upon going through the case diary, does not dispute the fact that the petitioners have been named after more than one month and that the other coaccused have been granted bail. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Lakhisarai in Piribazar P.S. Case No. 36 of 2013. The petitioners shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of their bail bonds. (Ahsanuddin Amanullah, J.) P. Kumar U T