← Library
Patna High CourtCR. MISC./12636/2019bail granted

Bikash Chaubey And ORS v. The State Of Bihar

2019-03-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12636 of 2019 Arising Out of PS. Case No.-200 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== 1.

BIKASH CHAUBEY Son of Sri Kishun Chaubey Resident of Village - Kateya, Ward No.9, P.S- Kateya, Distt.- Gopalganj 2.

Bishal Chaubey Son of Sri Ram Chaubey Resident of Village - Kateya, Ward No.9, P.S- Kateya, Distt.- Gopalganj 3.

Rama Shankar Chaubey Son of Late Ramawatar Chaubey Resident of Village - Kateya, Ward No.9, P.S- Kateya, Distt.- Gopalganj 4.

Sri Ram Chaubety Son of Ramashankar Chaubey Resident of Village - Kateya, Ward No.9, P.S- Kateya, Distt.- Gopalganj 5.

Sri Kishun Chaubey Son Ramashankar Chaubey Resident of Village - Kateya, Ward No.9, P.S- Kateya, Distt.- Gopalganj 6.

Jai Kishun Chaubey Son of Ramashankar chaubey Resident of Village - Kateya, Ward No.9, P.S- Kateya, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-03-2019 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, 324, 307,379,504/34 IPC registered in connection with Kateya P.S. Case No. 200 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The injuries all are simple in nature. The criminal antecedents of the petitioner nos. 1, 2, 4, 5 and 6 relate to another case filed by the prosecution side itself.

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.12636 of 2019(2) dt.01-03-2019 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 ACJM XV, Gopalganj, in connection with Kateya P.S. Case No. 200 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 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