Awadhlal Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55269 of 2018 Arising Out of PS.Case No. -105 Year- 2018 Thana -THAWE District- GOPALGANJ ======================================================
1. Awadhlal Prasad, S/o Late Dhoda Prasad,
2. Pradeep Prasad S/o Janardan Prasad,
3. Dharmendra Prasad S/o Janardan Prasad,
4. Dipnarayan Prasad S/o Late Meghu Prasad, All R/o Vill.- Pithauri, P.S.- Thawe , District- Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== 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 341, 323, 325, 307, 379 and 504/34 registered in connection with Thawe P.S. Case No. 105 of 2018.
3. It is submitted that the petitioners have been falsely implicated due to land dispute. The present case has been instituted as counter blast of Thawe P.S. Case No. 99 of 2018 instituted by the petitioners. The present case has been instituted after a delay of about 8 days for the alleged occurrence of 24.05.2018. Petitioners claim clean antecedent.
Patna High Court Cr.Misc. No.55269 of 2018 (2) dt.06-10-2018 2/3
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, Gopalganj in connection with Thawe P.S. Case No. 105/2018, G.R. No. 2374 of 2018 subject to the conditions as laid down under Section 438(a) 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-operative 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
Patna High Court Cr.Misc. No.55269 of 2018 (2) dt.06-10-2018 3/3 dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) sushma/- U T