Manoj Seth @ Manoj Kumar Seth v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37433 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- CHENARI District- Rohtas ====================================================== 1.
MANOJ SETH @ MANOJ KUMAR SETH S/o Late Murlidhar Singh @ Murlidhar Seth R/o village- Chenari, P.S.- Chenari, District- Rohtas 2.
Manish Seth S/o Sri Manoj Seth R/o village- Chenari, P.S.- Chenari, District- Rohtas 3.
Dharmendra Pasi @ Dharmendra Kumar Pasi S/o Late Sunder Pasi R/o village- Chenari, P.S.- Chenari, District- Rohtas 4.
Khursid Ansari S/o Late Mohammad Hussain Ansari R/o village- Chenari, P.S.- Chenari, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dudh Nath Singh For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-06-2019 Learned counsel for the petitioners states that the petitioner nos. 1 has already been arrested and seeks permission to withdraw the anticipatory bail petition as against him, as the same has become infructuous.
2. Permission is accorded. Anticipatory bail petition as against petitioner no. 1 is permitted to be withdrawn and is dismissed as such.
3. The petitioner nos. 2, 3 and 4 apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 385, 387, 323, 354, 354(B), 324, 379/506 IPC registered in connection with Chenari P.S. Case No. 262 of 2018.
Patna High Court CR. MISC. No.37433 of 2019(2) dt.20-06-2019 2/3
4. It is submitted that the petitioner nos. 2, 3 and 4 have been falsely implicated and there is case and counter case between the parties. The falsity of the allegation is apparent as the petitioner no. 3 is alleged to have given knife blow to the FIR witness Bhem Narain Singh, who has however, not sustained any injury. The accusation against petitioner nos. 2 and 4 are merely of giving threats. The petitioners are accused in three prior cases and in which they are on bail.
5. Be that as it may, in the event of arrest or surrender by petitioner nos. 2, 3 and 4 before the court below within six weeks from the date of communication of this order, let the above named petitioner nos. 2, 3 and 4 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 ACJM, Rohtas at Sasaram, in connection with Chenari P.S. Case No. 262 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 petitioner nos. 2, 3 and 4.
ii. That the petitioner nos. 2, 3 and 4 shall not indulge in any similar offence till conclusion of the trial. iii. That the petitioner nos. 2, 3 and 4 r shall co-operate with the investigation, if not already concluded, and make themselves
Patna High Court CR. MISC. No.37433 of 2019(2) dt.20-06-2019 3/3 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 petitioner nos. 2, 3 and 4 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.
Chandran/- (Vikash Jain, J) U T