Saroj Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48315 of 2018 Arising Out of PS.Case No. -247 Year- 2017 Thana -MANSI District- KHAGARIA ======================================================
1. Saroj Kumar Son of Jai Jai Ram Paswan
2. Deepak Kumar Son of Jai Jai Ram Paswan
3. Rajpati Paswan Son of Hari Lal Paswan All are Resident of VillageEkania, Police Station- Mansi, District- Khagaria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nand Singh, Adv. For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in Mansi P.S. Case No. 247/2017, registered for the offences punishable under Sections 341, 342, 323, 324, 308, 379 and 34 of the Indian Penal Code.
Allegation is that on 20.10.2017 at 5.00 p.m. all the petitioners surrounded the informant and Saroj Kumar petitioner no. 1 assaulted him with Dabiya on his head. They also snatched Rs. 10,000/- from his pocket.
It has been submitted that petitioners have falsely been implicated in this case. The occurrence took place on 20.10.2017,
Patna High Court Cr.Misc. No.48315 of 2018 (2) dt.18-09-2018 2/3 but the F.I.R. was lodged on 01.11.2017. From injury report, it appears that informant sustained injury caused by hard and blunt object not by any sharp cut weapon and injury is simple in nature. Petitioner no. 2 and petitioner no. 3 are not the assailants. Considering the facts aforesaid and nature of injury, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Khagaria in connection with Mansi P.S. Case No. 247/2017, subject to the conditions:
(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.
Patna High Court Cr.Misc. No.48315 of 2018 (2) dt.18-09-2018 3/3 (3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Vinita/- U T