Mantu Chauhan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.3910 of 2015 (2) dt.29-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3910 of 2015 Arising Out of PS.Case No. -139 Year- 2014 Thana -KOCH District- GAYA ======================================================

1. Mantu Chauhan

2. Munna Chauhan

3. Nandeo Chauhan @ Nande Chauhan

4. Yogi Chauhan

5. Kamlesh @ Kamlesh Chauhan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29.01.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Konch P.S. case no. 139/2014 registered under sections 147, 149, 452, 380 and 308 of the IPC. From perusal of the impugned order dated 13.11.2014 in ABP no. 2097/2014, I find that learned Sessions Judge has directed the court below to consider regular bail application of the petitioners without being prejudiced by his order and if, injuries of the injured persons of this case are found simple, learned court below must pass order in favour of the petitioners.

Patna High Court Cr.Misc. No.3910 of 2015 (2) dt.29-01-2015 Therefore, in the aforesaid circumstance, petitioners must comply the order of learned Sessions Judge and surrender before Sri Piyush Kumar Srivastava, Judicial Magistrate, Ist Class,Gaya/ concerned court within four weeks from today. Furthermore, it is made clear that if the petitioners surrender before the court below in connection with Konch P.S. case no. 139/2014 within the time as fixed by this court, the learned court below shall release the petitioners on provisional bail on the day of their surrender for a period of four weeks on furnishing bail bonds of Rs.

10,000/- each with two sureties of the like amount each to his satisfaction and shall obtain injury reports of injured persons of this case and if the injury of injured persons of this case is found simple, the learned court below shall confirm provisional bail of the petitioners and if injury of injured persons of this case is not found simple, the learned court below shall pass appropriate order on the regular bail application of the petitioners. With these observations, this petition stands disposed of.

Shahid ( Hemant Kumar Srivastava, J.) U T