Jitendra Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76952 of 2018 Arising Out of PS. Case No.-254 Year-2018 Thana- TARAIYA DistrictSaran ======================================================
1. Jitendra Sah son of Late Jagdish Sah.
2. Kundan Sah son of Arun Sah.
3. Chandan Sah son of Arun Sah.
All Resident of Village- Taraiya, P.S.- Taraiya, District Saran at Chapra. ... ... Petitioners
Versus
The State Of Bihar ... ... Respondent ====================================================== Appearance :
For the Petitioners :
Mr. Jeetendra Narayan, Advocate.
For the Respondent :
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 341, 323, 324, 307, 504 and 34 of the Indian Penal Code registered in connection with Taraiya P.S. Case No. 254 of 2018.
3. It is submitted that the petitioners have been falsely implicated and the accusation of assault with knife and tangi variously is not supported from the injury's reports which disclose simple injury caused by hard, blunt substance. It is submitted that the parties are agnates and there is ongoing disputes. The petitioners claim clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of
Patna High Court Cr.Misc. No.76952 of 2018(2) dt.15-01-2019 2/2 Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additioinal Chief Judicial Magistrate-IX, Saran at Chapra in connection with Taraiya P.S. Case No. 254 of 2018, 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (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) Ibrar/ U T