Upendra Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44662 of 2018 Arising Out of PS.Case No. -41 Year- 2017 Thana -BELAGANJ District- GAYA ======================================================

1. Upendra Das son of Ganauri Das

2. Suresh Das son of Sesh Balam Das both are resident of Village - Khadagpur, Tola - Girdharibigha, Police Station - Belaganj, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kunwar Narayan Jamuar, Adv. For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2018 The petitioners are apprehending their arrest in connection with Belaganj P.S. Case No. 41 of 2017, registered for offences punishable under Sections 147, 148, 149, 323, 325, 307, 435 and 436 of the Indian Penal Code.

Allegation as per F.I.R. is that from the tractor of the husband of the informant one person died and thereafter petitioners and other villagers assaulted the husband of the informant.

Submission of learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners and the petitioners are falsely implicated in this case. It has further been submitted that there is case and counter case between the parties.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or

Patna High Court Cr.Misc. No.44662 of 2018 (2) dt.01-08-2018 2/2 surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Gaya in connection with Belaganj P.S. Case No. 41 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T