Jitendra Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70577 of 2018 Arising Out of PS. Case No.-144 Year-2018 Thana- PAKRIDAYAL District- East Champaran ======================================================

1. Jitendra Sah

2. Niranjan Sah Both Sons of Badri Sah,

3. Umashankar Sah, Son of Mangal Sah, All Residents of Village- Sundarpatti, P.S. - Pakaridayal, District - East Champaran.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mrs Rashmi Jha, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 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, 447, 341, 323, 324, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Pakaridayal P.S. Case No. 144 of 2018.

3. It is submitted that the petitioners have been falsely implicated as backlash to earlier first information report in Pakaridayal P.S. Case No. 135 of 2018 instituted by petitioner no. 2. Both sides have received injuries. The injury received on the informant's side is simple in nature. The petitioners claim clean antecedents.

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 thousand) each with two sureties of like amount each to the satisfaction of learned 5th Additional Chief Judicial Magistrate, East

Patna High Court Cr.Misc. No.70577 of 2018(2) dt.15-01-2019 2/2 Champaran at Motihari in connection with Pakaridayal P.S. Case No. 144 of 2018, subject to the conditions as laid down under Section 438 (2) 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/Chandran U T