Guddu Kumar Rastogi @ Guddu Rastogi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52320 of 2015 Arising Out of PS.Case No. -678 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Guddu Kumar Rastogi @ Guddu Rastogi son of Dhruv Prasad Rastogi.

2. Pramod Kumar Pandey @ Pramod Pandey son of Jawahar Pandey.

3. Anil Rastogi @ Anil Kumar Rastogi @ Anil Prasad Rastogi son of Madan Prasad Rastogi @ Madan Rastogi.

4. Madan Prasad @ Madan Rastogi @ Madan Prasad Rastogi son of Late Kapildeo Prasad, All residents of village Shankar Saraiya, Kalwari Tola, Police Station Turkauliya, District East Champaran at Motihari .... .... Petitioners

Versus

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

For the Petitioner : Dr. Amarendra Kumar, Mr. Ravi Shanker Pankaj, Advocates For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 302 and 120B of the Indian Penal Code registered in connection with Turkaulia P.S. Case No. 678 of 2015.

3. It is submitted that the petitioners have been falsely implicated on mere suspicion considering that the victim, who was caught red-handed committing theft in the house of petitioner nos. 3 and 4, had been handed over to the police at which time the victim had only simple injury on his person as evident from the injury report whereas the victim died in police custody two days later.

Patna High Court Cr.Misc. No.52320 of 2015 (2) dt.09-11-2015 2/2

4. Having regard to the entirety of the facts and circumstances of the case, 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 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkaulia P.S. Case No. 678 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) The petitioners shall cooperate with the investigation 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.

(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/- U T