Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25923 of 2019 Arising Out of PS. Case No.-125 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== 1.

BIPIN KUMAR, aged about 40 years, male, Son of Mangal Prasad Resident of Village-Rajasan, Police Station-Bidupur, District-Vaishali. 2.

Anant Kumar, aged about 35 years, male, Son of Mangal Prasad Resident of Village-Rajasan, Police Station-Bidupur, District-Vaishali. 3.

Mangal Prasad, aged about 72 years, male, Son of Late Nageshwar Prasad Resident of Village-Rajasan, Police Station-Bidupur, DistrictVaishali. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Niraj Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 324, 307, 379 and 506/34 of the Indian Penal Code registered in connection with Ganga Bridge P.S. Case No. 125 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties. After due investigation, the police did not submit charge sheet under Section 307 of the Indian Penal Code but under various other provisions and cognizance has been taken on the basis of protest petition. The injuries are simple in nature.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from

Patna High Court CR. MISC. No.25923 of 2019(2) dt.22-04-2019 2/2 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 Smt. Hena Mustafa, learned Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 125 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) 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. (iv) 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.

(Vikash Jain, J) Ibrar//- U T