Pawan Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10713 of 2019 Arising Out of PS. Case No.-697 Year-2018 Thana- KHAGARIA District- Khagaria ======================================================

1. PAWAN DAS Son of Late Garho Das Resident of Village- Ramchandra, P.S.- Muffasil. Dist-Khagaria

2. Suraj Kumar S/o Shankar Das Resident of Village- Ramchandra, P.S.- Muffasil. Dist-Khagaria

3. Miro Das W/o Late Shri Lal Das Resident of Village- Ramchandra, P.S.- Muffasil. Dist-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Pd. Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== 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 147/149/341/323/307/504 IPC registered in connection with Khagaria (Muffasil) P.S. Case No. 697/2018,GR No. 2834/2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of past dispute. The present FIR has been instituted in retaliation to the earlier FIR in Khagaria P.S. Case No. 685 of 2018 lodged on 05.10.2018 by the petitioners' side. The injuries attributed to the assault by the petitioners are all simple in nature. 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 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, Khagaria, in connection with Khagaria (Muffasil) P.S. Case

Patna High Court Cr.Misc. No.10713 of 2019(2) dt.22-02-2019 2/2 No. 697/2018,GR No. 2834/2018 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 petitioner nos. 1 and 2 shall remain physically present and petitioner no. 3 shall be well represented 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