Dwarika Bari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55270 of 2018 Arising Out of PS.Case No. -60 Year- 2018 Thana -JADOPUR District- GOPALGANJ ======================================================

1. Dwarika Bari, S/o Late Sakichan Bari,

2. Anil Bari S/o Dwarika Bari, Both are Residents of Vill.- Vishunpur, P.S.- Jadopur, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 504, 506 and 307/34 of the Indian Penal Code registered in connection with Kako P.S. Case No. 177 of 2018.

3. It is submitted that the petitioners have been falsely implicated in connection with an admitted land dispute between the parties. From perusal of the order of learned Sessions Judge itself it is evident that there is no injury report to support the assault and injury. Petitioners claim clean antecedent.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be

Patna High Court Cr.Misc. No.55270 of 2018 (2) dt.06-10-2018 2/2 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 Judicial Magistrate-1st Class, Gopalganj in connection with Jadopur P.S. Case No. 60 of 2018 subject to the conditions as laid down under Section 438(a) Cr.P.C. and also subject to the following further 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 co-operative with the investigation, if not already concluded, and make 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) 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, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) sushma/- U T