Chhotu Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49482 of 2018 Arising Out of PS.Case No. -106 Year- 2018 Thana -DHURAIYA District- BANKA ======================================================

1. Chhotu Singh son of Gajendra Singh @ Gajendra Pd. Singh resident of Rangaon, P.S. Dhounariya, District Banka.

2. Banti Singh Son of Subhash Chandra Singh resident of Mohammadpur, P.S. Dhauraiya, District - Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Dhoraiya P.S.Case no.106 of 2018 , registered for offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 384, 504 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioners is of demand of rangdari from the informant .

Submission of the learned counsel for the petitioners is that petitioners were opposing the illegal mining made by the informant and for that they have been falsely implicated in this case and the injuries are simple in nature.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.49482 of 2018 (2) dt.29-08-2018 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 CJM, Banka in connection with Dhoraiya P.s.Case no.106 of 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