Jagjiwan Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48226 of 2018 Arising Out of PS.Case No. -733 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Jagjiwan Das S/o late Chalitra Mochi
2. Sitaram Das S/o late Chalitra Mochi
3. Manoj Das S/o late Jawahar Das
4. Subodh Das S/o Jawahar Das
5. Rajiv Das S/o Jagjiwan Das
6. Rajesh Das S/o Jagjiwan Das
7. Amarjeet Das S/o Sitram Das All are resident of Village- Barkhandi tola, P.S. Muffasil (Khagaria), District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.B.Ram For the Opposite Party/s : Mr.N.K.Pd.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2018 At the very outset learned counsel for the petitioners submits that petitioner no.2 has been arrested and, as such, he seeks permission to withdraw the present application. Permission is accorded.
In view of the aforesaid submission the application against petitioner no.2 is dismissed as withdrawn. Heard the parties.
Petitioners are apprehending their arrest in Khagaria (Muffasil) P.S.Case No.733 of 2017 / G.R.No.3058/17 registered
Patna High Court Cr.Misc. No.48226 of 2018 (2) dt.23-08-2018 2/3 for the offences under Sections 341, 323, 307, 504/34 of I.P.C. Allegation against the petitioners is of assault to the informant causing injury.
Submission of the learned counsel for the petitioners is that there is case and counter case and injuries are simple in nature.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners no.1 and 3 to 7, above named, in the event of their arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of C.J.M., Khagaria, in Khagaria (Muffasil) P.S. Case No.733 of 2017/ G.R.No.3058/17 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must 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 and the petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police,
Patna High Court Cr.Misc. No.48226 of 2018 (2) dt.23-08-2018 3/3 otherwise, the prosecution is free to move for cancellation of their bail bonds.
With the aforesaid, this application is disposed of . (Vinod Kumar Sinha, J) AnilKrSinha/- U