Sanjeev Kumar And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.56635 of 2018 (2) dt.28-09-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56635 of 2018 Arising Out of PS.Case No. -374 Year- 2015 Thana -MANER District- PATNA ======================================================
1. Sanjeev Kumar son of Sri Ramadhar Singh
2. Prabhat Kumar son of Sri Ram Dhyan Singh
3. Sanjay Kumar son of Yogendra Singh @ Yogendra Pd Singh
4. Vishwa Deepak Kumar son of Sri Ramadhar Singh
5. Lalu Kumar son of Jhalak Singh
6. Ashutosh Kumar son of Ram Bisun Singh All R/o Mohanpur, P.S. Maner, District- Patna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Kamlesh Prasad Yadav For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-09-2018 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, 147, 149, 379, 307/504 of the Indian Penal Code registered in connection with Maner P.S. Case No. 374 of 2015.
3. It is submitted that the petitioners have been falsely implicated and the allegations are general and omnibus in nature. The F.I.R. has been instituted in the backdrop of land dispute between the parties. The two other criminal cases against the petitioners have also been instituted by the informant's side.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from
Patna High Court Cr.Misc. No.56635 of 2018 (2) dt.28-09-2018 the date of communication of this order, let the above named petitioners 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, Danapur, Patna in connection with Maner P.S. Case No. 374 of 2015, subject to the conditions as laid down under Section 438 (2) 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) 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. (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, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/- U T