Dhanjee Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.30242 of 2017 (3) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30242 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -KACHHAWA District- SASARAM (ROHTAS) ======================================================

1. Dhanjee Singh

2. Shivjee Singh @ Shivjee @ Dara

3. Gorakh Singh All sons of Late Rupan Singh resident of village - Baldev Tola, Police Station - Kachhwan in the district of Rohtas. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Akhileshwar Prasad Singh, Sr. Adv. Mr. Bimal Kumar, Advocate.

For the State : APP For the Informant : Mr. J.K. Giri, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 01.03.2017 in connection with Kachhwan P.S. Case No. 45 of 2016 for the offences alleged under Sections 341, 323, 325, 302/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and in any event the thrust of accusation of assault with lathi on the informant's father is on co-accused Upendra Singh, Pramod Kumar and Shivjee Singh. The said Upendra Singh and Pramod Kumar have already been granted bail by this court in Cr. Misc. No. 18215 of 2017. There is case and counter case between the parties. Petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.30242 of 2017 (3) dt.10-08-2017 the facts and circumstances of the case, let the petitioners above named 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 Magistrate, Bikramganj, District- Rohtas, in connection with Kachhwan P.S. Case No. 45 of 2016, on the following 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 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.

(iv) 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. (Vikash Jain, J) Md. Ibrarul/Chandran U T