Badal Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76939 of 2018 Arising Out of PS. Case No.-622 Year-2018 Thana- SHEKHPURA DistrictSheikhpura ======================================================

1. Badal Kumar Son of Manoj Singh.

2. Tonish Kumar, Son of Suban Singh.

3. Botal Kumar, Son of Suban Singh.

All Resident of Village- Bhadaus, Police Station- Sheikhpura (Sirari O.P)., District- Sheikhpura.

... ... Petitioners

Versus

The State Of Bihar ... ... Respondent ====================================================== Appearance :

For the Petitioners :

Mr. Bipin Kumar, Advocate.

For the Respondent :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 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, 324, 307/34 of the Indian Penal Code registered in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 622 of 2018.

3. It is submitted that the petitioners have been falsely implicated in connection with dispute at the time of Ganesh Visarjan. The accusations are general and omnibus in nature and no specific assault has been attributed to the petitioners who 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 named petitioners be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.76939 of 2018(2) dt.15-01-2019 2/2 Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 622 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 petitioner 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) Ibrar/- U T