Kundan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23970 of 2019 Arising Out of PS. Case No.-173 Year-2012 Thana- KHAJAULI District- Madhubani ====================================================== 1.

Kundan Kumar Singh aged about 28 years, Gender-Male, Son of Tapendra Narayan Singh Resident of Village- Datuar, P.S.- Khajauli, DistrictMadhubani. 2.

Kundan Kunwar aged about 29 years, Gender-Male, Son of Gopal Kunwar Resident of Village- Tarapatti, P.S.- Khajauli, District- Madhubani. 3.

Banti Singh aged about 28 years, Gender-Male, Son of Navin Kumar Singh Resident of Village- Tarapatti, P.S.- Khajauli, District- Madhubani. 4.

Ghanti Singh aged about 26 years, Gender-Male, Son of Navin Kumar Singh Resident of Village- Tarapatti, P.S. - Khajauli, District- Madhubani. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ravindra Kumar Singh,Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-04-2019 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, 341, 323, 333, 337, 427, 452, 435, 436, 380, 504, 506 and 120(B) of the Indian Penal Code registered in connection with Khajauli P.S. Case No. 173 of 2012.

3. It is submitted that the petitioners have been falsely implicated and the first information report has been instituted against as many as 500 unknown persons. The names of the petitioners have transpired during course of investigation. As many as 7 cases have been instituted against the petitioners relating to the same occurrence. The petitioners did not participate in any demonstration and have been falsely implicated merely because their village is situated in the close vicinity of the police station.

Patna High Court CR. MISC. No.23970 of 2019(2) dt.17-04-2019 2/2

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 them 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 Additional Chief Judicial Magistrate-III, Madhubani in connection with Khajauli P.S. Case No. 173 of 2012, 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 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. BT/- (Vikash Jain, J) U T