Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19713 of 2019 Arising Out of PS. Case No.-103 Year-2018 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== 1.
Shankar Singh, aged about 51 years, Male, Son of Late Yogendra Singh 2.
Ranjit Singh @ Ranjit Kumar Singh, aged about 31 years, Male, Son of Sri Ram Singh 3.
Jay Ram Singh, aged about 54 years, Male, Son of Late Yogendra Singh All are residents of Village - Mirjapur, P.S.- Vidyapati Nagar, District Samastipur.
... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Alok Kumar Sinha, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 307, 323, 324, 325, 341, 354, 379, 447, 504 an 506 of the Indian Penal Code registered in connection with Vidyapati Nagar P.S. Case No. 103 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties, who are agnates. The accusation of assault is general and omnibus without any specific assault attributed to the petitioners individually. Injuries resulting from the assault alleged against the petitioners are simple in nature.
4. Be that as it may, 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 released on bail on furnishing bail bonds of Rs.10,000/- (ten
Patna High Court CR. MISC. No.19713 of 2019(2) dt.03-04-2019 2/2 thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsing Sarai District Samastipur in connection with Vidyapati Nagar P.S. Case No. 103 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That 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. (iv) That 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. (Vikash Jain, J) BT/- U