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Patna High CourtCR. MISC./22081/2019bail granted

Binod Sah @ Mangal v. The State Of Bihar

2019-04-08Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22081 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Binod Sah @ Mangal, Male, aged about 48 Years, Son of Late Bachcha Sah, 2.

Indu Devi, Female, aged about 42 Years, Wife of Binod Sah @ Mangal 3.

Ranjeet Sah Male, aged about 45 Years, Son of Late Shiv Shankar Sah All residents of Chatti Road Begusarai, P.S - Nagar, District - Begusarai 851101 ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Gautam Kumar Kejriwal, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 420, 120(B), 504, 448, 506, 509, 467, 468, 471 and 34 of the Indian Penal Code registered in connection with Teghra P.S. Case No. 11 of 2019.

3. It is submitted that the petitioners have been falsely implicated in a dispute which is essentially of civil nature. The petitioners are son-in-law, daughter and son respectively of the informant with whom there is land dispute. Title Suit No. 83 of 2018 is pending in court of learned Civil Judge, Begusarai relating to the subject property. 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

Patna High Court CR. MISC. No.22081 of 2019(2) dt.08-04-2019 2/2 thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 11 of 2019, 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 petitioner nos. 1 and 3 shall remain physically present in court on each and every date during trial; and petitioner no.2 shall be well represented in court on each and every date during trial except as and when directed by the learned Court to be physically present, 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