Ramesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37135 of 2018 Arising Out of PS.Case No. -57 Year- 2011 Thana -GARKHA District- SARAN ======================================================

1. Ramesh Singh,

2. Mahesh Singh, Both Sons of Lal Bahadur Singh @ Lal Singh, R/o Vill.- Itawa, P.S.- Garkha, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Garkha P.S.Case no.57 of 2011 , registered for offences punishable under Sections 147, 149, 341, 3223, 333, 307, 353 and 506 of the Indian Penal Code.

Allegation against the petitioners as per FIR is that when the police tried to remove the motorcycle from the place of occurrence to clear the Jam, the petitioner and the other accused persons assaulted the police party causing injury. Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioners, though they are named in the FIR .

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.37135 of 2018 (3) dt.12-07-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra in connection with Garkha P.S.Case nO.57 of 2011 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U