Surendra Bind B.D.C @ Surendra Bind And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18302 of 2016 Arising Out of PS.Case No. -131 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Surendra Bind (B.D.C) @ Surendra Bind, S/o Late Ram Briksh Bind

2. Dhananjay Bind S/o Late Bahadur Bind

3. Ram Ashish Bind Son of Late Bagendu Bind

4. Birbal Bind Son of Gopal Bind

5. Ram Balak Bind Son of late Manraj Bind

6. Deepak Bind Son of Ashok Bind, all resident of Village- Jiginpurwa, P.S. Bhabua, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Satyavarta Verma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-07-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in Bhabua P.S.Case No.131 of 2016 for the offence under Section 304/34 of the I.P.C.

The case diary which was called for in this case has now since been received.

Learned counsel for the petitioners submits that if at all allegations against the petitioners are taken to be true is only to assign their role that they were party in attacking on the running thief and at best they can be assigned as members of crowd.

Patna High Court Cr.Misc. No.18302 of 2016 (3) dt.01-07-2016 2/2 Learned counsel for the State after perusal of the case diary submits that in the instant case, actual case is different. In para 13 of the petition it has come that there was love affairs between the deceased and Sushila Devi in whose house the deceased is said to have committed theft of attaché, which lead to his death. Such evidence has come in course of the investigation. Considering the facts and circumstances of the case and nature of allegation made against the petitioners and also the material which has surfaced in the case diary, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Kaimur at Bhabua, in Bhabua P.S.Case No.131 of 2016,G.R.No.591 of 2016 subject to the conditions as laid down under Sections 438(2) of Cr.P.C.

(Anjana Mishra, J.) AnilKrSinha/- U T