Santosh Rai @ Santosh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48407 of 2018 Arising Out of PS.Case No. -611 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN (MOTIHARI) ======================================================
1. Santosh Rai @ Santosh Kumar Son of Rajeshwar Rai
2. Hari Shankar Baitha Son of Late Jangi Baitha
3. Hiraman Ram Son of Ram Chandra Ram
4. Rajnandan Ram@ Rajinand Ram Son of late Chulhai Ram
5. Nagendra Ram Son of late Lakshuman Ram All Residents of VillageSapaha, P.S. Ghodasahan, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2018 The petitioners are apprehending their arrest in connection with Ghodasahan P.S. Case No. 611 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.
Allegation against the petitioners is of assault to the informant and others.
It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and there is case and counter case between the parties and although it is alleged that petitioners assaulted the informant and others but the injuries
Patna High Court Cr.Misc. No.48407 of 2018 (2) dt.24-08-2018 2/3 caused to them was found to be simple in nature. 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 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, Sikranha at Dhaka, East Champaran, in connection with Ghodasahan P.S. Case No. 611 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
Patna High Court Cr.Misc. No.48407 of 2018 (2) dt.24-08-2018 3/3 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/- U T