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Patna High CourtCR. MISC./10712/2019bail granted

Surendra Sadai @ Surendra Prasad Sadai And ORS v. The State Of Bihar

2019-02-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10712 of 2019 Arising Out of PS. Case No.-269 Year-2012 Thana- PHULPARAS District- Madhubani ======================================================

1. SURENDRA SADAI @ SURENDRA PRASAD SADAI Son of Sohveer Sadai Resident of Village - Hanuman Nagar, P.S.. Phulparas, DistrictMadhubani

2. Yogendra Sadai Son of Sohveer Sadai Resident of Village - Hanuman Nagar,P.S.. Phulparas, District- Madhubani

3. Ram Kumar Yadav Son of Ghuran Yadav Resident of Village - Murli, P.S. Phulparas, Dist Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147/148/149/341/323/427/354/504 IPC registered in connection with Phulparas P.S. Case No. 269/2012, G.R. No. 1325 of 2012.

3. It is submitted that the petitioners have been falsely implicated, rather a counter case has been filed by co-accused Rampari Devi, sister-in-law of the petitioner nos. 1 and 2 in which the informant has also been made accused. The FIR has been instituted against more than 500 persons and the accusations are general and omnibus in nature without any specific overt act attributed to the petitioners. There is no injury caused to anyone. 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.10712 of 2019(2) dt.22-02-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Jhanjharpur, District Madhubani, in connection with Phulparas P.S. Case No. 269/2012, G.R. No. 1325 of 2012 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 petitioner. 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