Shrawan Mandal @ Sharwan Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4965 of 2019 Arising Out of PS. Case No.-625 Year-2017 Thana- RAJAON District- Banka ======================================================
1. Shrawan Mandal @ Sharwan Mandal, Aged about 49 years (M), Son of Late Jagdeo Mandal
2. Onkar Kumar Bharti, Aged about 28 Years, (M), son of Shrawan Mandal @ Sharwan Mandal
3. Vinod Kumar @ Vinod Kumar Bharti Aged about 26 Years, son of Shrawan Mandal @ Sharwan Mandal All are Resident of village - Lashkari, P.S.-Rajoun, District - Banka ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-01-2019 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, 149, 341, 323, 325, 307/504 of the Indian Penal Code registered in connection with Rajoun P.S. Case No. 625 of 2017.
3. It is submitted that the petitioners have been falsely implicated as the alleged occurrence is a result of petty dispute between the parties. The accusation against the petitioners is general and omnibus in nature without specific assault being attributed to any of them. All the injuries are simple in nature except injury no. 5 which is said to be grievous in nature but on non-vital part of the body. 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.4965 of 2019(2) dt.30-01-2019 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 learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 625 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) 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. (iv) 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