Chitranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28698 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- BIHTA District- Patna ====================================================== 1.

Chitranjan Kumar aged about 27 years (Male) son of Late Ram Babu Yadav @ Late Ram Babu Pd. Singh 2.

Ranjan Kumar, aged about 29 years (Male) S/o Late Ram Babu Yadav @ Late Ram Babu Pd. Singh Both residents of Amhara, P.S.- Bihta, DistrictPatna ... ... Petitioners

Versus

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

For the Petitioners :

Mrs. Rani Kumari, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-05-2019 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, 323, 307, 504 and 34 of the Indian Penal Code registered in connection with Bihta P.S. Case No. 130 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty dispute and the village politics and the parties are co-villagers. Injuries resulting from the assault alleged against the petitioners are simple in nature. 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 provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Danapur

Patna High Court CR. MISC. No.28698 of 2019(2) dt.01-05-2019 2/2 in connection with Bihta P.S. Case No. 130 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 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. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

5. The provisional bail granted to the petitioners shall be confirmed upon verification by the learned court below that none of the injuries sustained by the informant's side is grievous in nature, failing which their bail bonds shall stand automatically cancelled. BT/- (Vikash Jain, J) U T