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Patna High CourtCR. MISC./29301/2019bail granted

Manoj Ram v. The State Of Bihar

2019-07-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29301 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- AURANGABAD TOWN District- Aurangabad ====================================================== 1.

MANOJ RAM, aged about 45 years, male, S/o Late Kuldip Ram R/o village- Biratpur Ward No. 30, P.S.- Aurangabad (Town), DistrictAurangabad 2.

Manish Kumar, aged about 32 years, male, S/o Manoj Ram R/o villageBiratpur Ward No. 30, P.S.- Aurangabad (Town), District- Aurangabad 3.

Mukesh Kumar, aged about 18 years, male, S/o Manoj Ram R/o villageBiratpur Ward No. 30, P.S.- Aurangabad (Town), District- Aurangabad ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Bachan Jee Ojha, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2019 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, 147, 148, 323, 308 of the Indian Penal Code registered in connection with Aurangabad (T) P.S. Case No. 52 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of quarrel among ladies and children as the informant and the petitioner no. 1 are full brothers. The specific accusation of assault against the petitioners is upon the informant's son Ajit Kumar with farsa. It is submitted that injury report of Ajit Kumar discloses to be simple injuries. The remaining accusations against co-accused persons are general and omnibus. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.29301 of 2019(3) dt.25-07-2019 2/2

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 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (T) P.S. Case No. 52 of 2019, 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/BT U T