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Patna High CourtCR. MISC./7668/2019bail granted

Navin Kumar Sinha And ORS v. The State Of Bihar

2019-02-11Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7668 of 2019 Arising Out of PS. Case No.-102 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ======================================================

1. NAVIN KUMAR SINHA, s/o. Bipin Prasad R/o village- Biratpur, P.S- Town, Dist-Aurangabad

2. Abishek Kumar singh @ Rahul, s/o. Birendra Singh R/o Krishna Puri, Shahpur, P.S- Town,Dist.Aurangabad

3. Birendra Gupta @ Birendra Kumar,s./o. Yamuna Sao R/o village- Biratpur, P.S. Town,Dist.Aurangabad

4. Munna Yadav @ Munna Kumar Yadav s/o. Ramashish yadav R/o villageLehada, P.S-Deo,Dist.Aurangabad

5. Nikhil Kumar Singh @ Nikhil singh Late Mithlesh singh Resident of Kama Bigha, P.S Town, Dist.Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr. J.K.Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-02-2019 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, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153(A), 295(A), 120(B), 379 IPC registered in connection with Aurangabad Town P.S. Case No. 102/2018.

3. It is submitted that the petitioners have been falsely implicated and the FIR has been instituted against as many as 197 known persons. The accusations are general and omnibus in nature as regards the petitioner. Similarly situated co-accused persons have been granted anticipatory bail by this Court. The prior cases in which they were made accused relate to the same occurrence.

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

Patna High Court Cr.Misc. No.7668 of 2019(2) dt.11-02-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Aurangabad, in connection with Aurangabad Town P.S. Case No. 102/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate 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.

iv. 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. (Vikash Jain, J) Chandran/- U T