Shambhu Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35099 of 2018 Arising Out of PS.Case No. -25 Year- 2017 Thana -CHANDAN District- BANKA ======================================================
1. Shambhu Das, Son of Biranchi Das,
2. Sanjay Das, S/o Biranchi Das,
3. Sudhir Das, S/o Biranchi Das,
4. Sita Ram Das, S/o Biranchi Das,
5. Sunita Devi, W/o Shambhu Das,
6. Ashish Kumar, S/o Shambhu Das, All R/o Village- Kenduwar, Police Station- Chandan (Anandpur), District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 The petitioners are apprehending their arrest in connection with Chandan (Anandpur) P.S. Case No. 25 of 2017, registered for offences punishable under Sections 147, 341, 342, 323, 324, 308, 354(B), 379 and 504 of the Indian Penal Code. Allegation against the petitioners is of assault to the informant and others.
It has been submitted on behalf of the petitioners that the dispute arose with regard to fetching the water from the well and all the injuries caused to the informant side were found to be simple in nature except two injuries with regard to which, opinion has been kept reserved and for that also no specific allegation has
Patna High Court Cr.Misc. No.35099 of 2018 (2) dt.06-07-2018 2/3 been attributed.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Chandan (Anandpur) P.S. Case No. 25 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates
Patna High Court Cr.Misc. No.35099 of 2018 (2) dt.06-07-2018 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T