Basant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40896 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- BANSHI District- Jehanabad ====================================================== 1.
BASANT SINGH 2.
Deep Narayan Singh Both are Sons of Nagu Singh 3.
Mantu Singh @ Mantu Kumar Singh 4.
Ramraj Kumar Both are sons of Haingi Lal Singh 5.
Mirtuanjay Kumar Son of Late Motilal Singh 6.
Nunu Kumar 7.
Devilal Kumar Both are Sons of Late Kamakhya Singh 8.
Bablu Kumar Son of Deep Narayan Singh All are Resident of Village - Mangabigha, P.S.- Bansi, Distt - Arwal. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 341and 307 of the Indian Penal Code registered in connection with Bansi P.S. Case No. 07/2019.
3. At the very outset, the learned counsel for the petitioners submitted that during pendency of the present
Patna High Court CR. MISC. No.40896 of 2019(3) dt.05-09-2019 2/3 petition, the petitioner no.8 Bablu Kumar has died. Accordingly, the petition as concerns petitioner no.8 stands dismissed.
4. It is submitted that the petitioner nos.1 to 7 have been falsely implicated in the backdrop of land dispute between the parties. There is case and counter case and the parties are Gotiyas. The accusations of assault are general and omnibus in nature without any specific assault attributed to the petitioner nos.1 to 7 individually. In any event the injuries are simple in nature. The petitioner nos.1 to 7 are accused in a few cases enumerated under para-3 of the petition in which they are on bail.
5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ist, Arwal in connection with Bansi P.S. Case No. 07/2019, 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 of each of the petitioners
Patna High Court CR. MISC. No.40896 of 2019(3) dt.05-09-2019 3/3 shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That 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) That 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) Prakash Narayan /- U T