Pinku Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38060 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Pinku Sao, aged about 20 years, (Male), Son of Krishna Sao @ Krishana Kumar 2.

Guddu Saw @ Guddu Kumar aged about 19 years, (Male), Son of Rajendra Sao Both are Resident of Village - Lala Amauna, P.S. - Daud Nagar, DistrictAurangabad. ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Sanjay Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-06-2019 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, 323, 307, 354, 379, 504 and 506 of the Indian Penal Code registered in connection with Daudnagar P.S. Case No. 07 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute. The accusation of assault is general and omnibus in nature and no specific accusation of assault has been attributed individually to the petitioners. There is no injury report on record to support the accusation of assault by the petitioners. The accusation of snatching Rs. 6000/- from the pocket of the informant is mere embellishment. The petitioners claim clean antecedents.

4. Be that as it may, 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

Patna High Court CR. MISC. No.38060 of 2019(2) dt.25-06-2019 2/2 released on bail on furnishing bail bonds 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 Daudnagar P.S. Case No. 07 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitionrs shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) 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. (iv) 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. (Vikash Jain, J) BT/- U T