Lala Lajpat Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13478 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- MAHUA District- Vaishali ====================================================== 1.
Lala Lajpat Rai, son of Late Raghunandan Rai Resident of Village - Fatehpur Chauthai, P.S.- Mahua, District - Vaishali 2.
Niraj Kumar, son of Lala Lajpat Rai, Resident of Village - Fatehpur Chauthai, P.S.- Mahua, District - Vaishali 3.
Ramchandra Kumar, Son of Lala Lajpat Rai Resident of Village - Fatehpur Chauthai, P.S.- Mahua, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 504, 506, 354, 379, 308/34 of the Indian Penal Code registered in connection with Mahua P.S. Case No. 392 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of admitted land dispute between the parties as evident from the order dated 15.11.2018 passed in Case No.320 of 2018 passed by SDO, Mahua under Section 144 Cr.P.C. It is further submitted that in any event, the injuries are simple in nature. The Petitioners claim clean antecedent.
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
Patna High Court CR. MISC. No.13478 of 2019(2) dt.06-03-2019 2/2 of communication of this order, let the above named petitioners be released on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Mahua P.S. Case No. 392 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.
(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 himself 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. sanjeev/- (Vikash Jain, J) U T