Devki Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79723 of 2018 Arising Out of PS. Case No.-337 Year-2018 Thana- PATLIPUTRA DistrictPatna ======================================================
1. Devki Singh son of late Sukhnandan Singh
2. Mrichi Gope son of Chandan Rai Both resident of Mohalla- Bindeshwari Nagar, New Polytechnic More, P.S.- Pataliputra, District- Patna ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ranjeet Kumar Singh, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2019 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, 341, 342, 323, 109, 504, 379, 448 of the Indian Penal Code registered in connection with Pataliputra P.S. Case No. 337 of 2018.
3. It is submitted that the petitioners have been falsely implicated and the dispute with respect to construction of Community Hall on the temple land is essential of civil nature. No injuries report has been brought to corroborate the accusation of assault and the accusations of taking away of Rs. 1,00,000/- is super addition. The petitioner claims clean antecedents.
4. Learned APP assisted by learned counsel for the informant appears and has been heard.
5.. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the
Patna High Court Cr.Misc. No.79723 of 2018(2) dt.25-01-2019 2/2 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 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Judge XII cum ACJM, Patna in connection with Pataliputra P.S. Case No. 337 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 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) Ibrar//- U T