Ramashray Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5422 of 2019 Arising Out of PS. Case No.-16 Year-2014 Thana- BAIKUNTHPUR District- Gopalganj ======================================================

1. Ramashray Sah aged about 55 years son of Chulhai Sah

2. Manoj Sah @ Manoj Kr. Sah aged about 35 years, Son of Ramashray Sah

3. Tribhuan Sah aged about 52 years son of Chulhai Sah

4. Abhishek Sah @ Abhishek Kumar aged about 20 years, Son of Ramashray Sah

5. Munna Kumar Sah @ Munna Sah aged about 28 years, Son of Ramashray Sah All are Residents of Village- Rewatith, Police Station.- Baikunthpur, District - Gopalganj.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Bijay Prakash Singh, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 323, 324, 307, 452, 379, 504, 511 and 120(B) of the Indian Penal Code registered in connection with Baikunthpur P.S. Case No. 16 of 2014.

3. It is submitted that the petitioners have been falsely implicated and they are pattidars of the informant. Reference has been invited to the order of the learned Sessions Judge, Gopalganj dated 30.11.2018 passed in A.B.P. No. 2040 of 2018, noticing that no injury report has been brought on record. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be

Patna High Court Cr.Misc. No.5422 of 2019(2) dt.07-02-2019 2/2 released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Niraj Kumar Pandey, learned Judicial Magistrate, 1st Class, Gopalganj in connection with Baikunthpur P.S. Case No. 16 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions - (i) That the learned court below shall verify as to whether the petitioners have any criminal antecedent prior to the present case. (ii) That one of the bailors of each of the petitioenrs shall be their close relatives.

(iii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iv) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (v) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/Chandran (Vikash Jain, J) U T