Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27421 of 2019 Arising Out of PS. Case No.-282 Year-2017 Thana- PALIGANJ District- Patna ====================================================== 1.
VINAY KUMAR Son of Late Vishwanath Yadav Resident of Village - Kasopur Tole Buddhu Bigha, P.S.- Paliganj, District - Patna. 2.
Ram Pravesh Yadav Son of Late Mani Lal Yadav Resident of Village - Kalyanpur Tole Guni Tole, P.S.- Paliganj, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Priyedarshi For the Opposite Party/s :
Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 467,468, 471, 120(B), 419,420, 153(A), 323, 341 & 34 IPC registered in connection with Paliganj P.S. Case No. 282/2017.
3. It is submitted that the petitioners have been falsely implicated as the land in question has been purchased by the father of the petitioner no. 1 and wife of the petitioner no. 2, who themselves are the victims if the allegations are true. It is submitted that in such circumstances, it is inconceivable that they had any role to play in the alleged offence. 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 bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned SDJM, Danapur, District Patna, in connection with Paliganj P.S. Case No. 282/2017 subject to the conditions as laid down under
Patna High Court CR. MISC. No.27421 of 2019(2) dt.26-04-2019 2/2 Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate 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. 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) Chandran/- U T