Kamla Kant Singh @ Kamla Kant And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8722 of 2019 Arising Out of PS. Case No.-448 Year-2018 Thana- BAKHTIYARPUR District- Patna ======================================================
1. Kamla Kant Singh @ Kamla Kant aged about 57 years, male, S/o Ram Briksha Singh
2. Jitendra Kumar @ Jitu @ Jite aged about 32 years, male, Son of Kamlakant Singh @ Kamla Kant
3. Sikandar Kumar @ Siku @ Sikku aged about 30 years, male, S/o Kamlakant Singh @ Kamla Kant All are resident of Purani Bazar, Bakhtiyarpur, P.S.- Bakhtiyarpur, DistrictPatna. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Harish Kumar, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 325, 307/34 of the Indian Penal Code registered in connection with Bakhtiyarpur P.S. Case No. 448 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties. Injuries resulting from the assault alleged against the petitioners are simple in nature. The petitioners claims 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 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 Additional Chief Judicial
Patna High Court Cr.Misc. No.8722 of 2019(2) dt.14-02-2019 2/2 Magistrate-I, Barh in connection with Bakhtiyarpur P.S. Case No. 448 of 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) 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. (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.
(Vikash Jain, J) Ibrar/BT U T