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Patna High CourtCR. MISC./49813/2018bail granted

Mohan Ram And ORS v. The State Of Bihar

2018-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49813 of 2018 Arising Out of PS.Case No. -140 Year- 2018 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mohan Ram, S/o Late Bindeshwari Ram,

2. Chokat Ram, Son of Late Bindeshwari Ram,

3. Makunchan Ram, Son of Late Bindeshwari Ram,

4. Megha Ram, Son of Narsing Ram,

5. Ramesh Ram, Son of Late Bindeshwari Ram,

6. Lalbabu Ram, Son of Chokat Ram, All are resident of VillageDudhiyawa, Police Station- Nawalpur (Yogapatti), District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Jogapatti (Nawalpur) P.S.Case no.140 of 2018 , registered for offences punishable under Sections 447, 448, 504, 506, 384, 385, 386/34 of the Indian Penal Code.

Allegation against the petitioners is of demand of rangdari from the informant.

Submission of the learned counsel for the petitioners is that as a matter of fact some land of the petitioner was mutated by the informant in his favour; against which he has filed a mutation appeal before the DCLR and due to that he has been made accused

Patna High Court Cr.Misc. No.49813 of 2018 (2) dt.30-08-2018 2/2 in the present case .

Heard learned A.P.P. also.

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 CJM, Bettia, West Champaran in connection with Jogapatti (Naalpur) P.S.Case no.140 fo 2018 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 T