Mukesh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38381 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================

1. Mukesh Singh

2. Upendra Singh

3. Yogendra Singh All are sons of Kardhani Singh @ Karghani Singh

4. Kardhani Singh @ Karghani Singh son of Lt. Pragas Singh All are residents of village - Sonpi, P.S. - Haspura, District - Aurangabad. .... .... Petitioners/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Parwej Khan For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 The petitioners are apprehending their arrest in connection with Haspura P.S. Case No. 79 of 2017, registered for offences punishable under Sections 447, 341, 323, 324, 307, 379, 504 506 and 34 of Indian Penal Code.

Allegation against the petitioners is of assaulting the informant and his family members.

It has been submitted on behalf of the petitioners that though it is alleged that petitioner no. 1 assaulted the informant by bhala and petitioner no. 2, however no injury either of bhala or of firing was caused to anyone and so far other petitioners are concerned only general and omnibus allegation has been made against them. Further there is case and counter case between the

parties in the background of land dispute.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Daudnagar, Aurangabad, in connection with Haspura P.S. Case No. 79 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, this is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part two appear before the police on two consecutive dates without showing any genuine reasons, the

prosecution will free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U