Janardan Bishwas And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.53228 of 2018 (2) dt.20-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53228 of 2018 Arising Out of PS.Case No. -56 Year- 2018 Thana -TARABARI District- ARRARIA ======================================================

1. Janardan Bishwas son of Bechan Bishwas

2. Badal Bishwas son of Janardan Bishwas

3. Rajiv Bishwas son of Janardan Biswas All residents of village - Sota Sagauna, Police Station - Tarabari, District - Araria.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Anamul Haque, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504, 506 of the Indian Penal Code registered in connection with Tarabari P.S. Case No. 56 of 2018.

3. It is submitted that the petitioners have been falsely implicated and there is no specific allegation of assault against the petitioners which are general and omnibus in nature. There is case and counter case between the parties. The injuries found are simple in nature. Petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above

Patna High Court Cr.Misc. No.53228 of 2018 (2) dt.20-09-2018 named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Tarabari P.S. Case No. 56 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T