Ashok Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55402 of 2018 Arising Out of PS.Case No. -31 Year- 2018 Thana -GOH District- AURANGABAD ======================================================
1. Ashok Singh, Son of Haridwar Singh, Resident of Village- Gorkatti, P.S.- Upahara, District- Aurangabad.
2. Nawlesh Kumar Singh, Son of Jagnarayan Singh, Resident of VillageSareya, P.S.- Goh, District- Aurangabad.
3. Niraj Kumar, Son of Nitu Singh, Resident of Village- Goh, P.S.- Goh, District- Aurangabad.
4. Dhiraj Singh alias Dhiraj Kumar Singh, Son of Nitu Singh, Resident of Village- Goh, P.S.- Goh, District- Aurangabad.
5. Akash Kumar alias Akash Kumar Singh alias Chhotu Kumar, Son of Chunmun Singh, Resident of Village- Goh, P.S.- Goh, DistrictAurangabad (Bihar).
6. Shibu Singh, Son of Satyendra Singh, Resident of Village- Dardha, P.S.- Goh, District- Aurangabad (Bihar).
7. Dheeraj Kumar, Son of Shankar Singh, Resident of Village and P.S.- Goh, District- Aurangabad.
8. Pappu Singh, Son of Late Lal Singh, Resident of Village- Bhurkundi, P.S.- Goh, District- Aurangabad.
9. Prashant Kumar, Son of Sunil Singh, Resident of Village- Goh, P.S.- Goh, District- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Singh, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 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, 342, 323, 353, 504 and 506 IPC registered in connection with Goh P.S. Case No.31/2018.
3. It is submitted that the petitioners have been falsely implicated merely because the petitioners are said to have been present in the mob. No specific accusation has been made against these petitioners. Similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 25297 of 2018 and in Cr. Misc. No. 23699 of 2018. The petitioners claim clean antecedents.
4. Having regard to the entirety of the facts and circumstances, as such, 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 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 Chief Judicial Magistrate, Aurangabad, in connection with Goh P.S. Case No.31/2018, 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) That the petitioners shall co-operate 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 bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T