Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41657 of 2019 Arising Out of PS. Case No.-387 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== 1.

JITENDRA SINGH Son of Late Naumi Singh Resident of Village - Rahimapur, P.S.- Bidupur, Dist.- Vaishali.

2.

Dharmendra Singh Son of Late Naumi Singh Resident of Village - Rahimapur, P.S.- Bidupur, Dist.- Vaishali.

3.

Parmanand Singh Son of Hari Singh @ Hari Vilas singh Resident of Village - Rahimapur, P.S.- Bidupur, Dist.- Vaishali.

4.

Dinesh Singh Son of Late yadunandan Singh Resident of Village - Rahimapur, P.S.- Bidupur, Dist.- Vaishali.

5.

Laxshmi Kumar Son of Ram Pravesh Singh Resident of Village - Rahimapur, P.S.- Bidupur, Dist.- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-07-2019 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, 313, 337, 338, 307, 504, 387, 506, 379/34 IPC registered in connection with Bidupur P.S. Case No. 387/2018.

3. It is submitted that the petitioners have been falsely implicated and in any event the accusation of assault are general and omnibus in nature and the thrust of accusation of assault with iron rod on the informant is upon co-accused Naresh Kumar. Moreover, there is nothing in the order of the learned Additional Sessions Judge to indicate that the injuries sustained by the informant are grievous in nature. The

Patna High Court CR. MISC. No.41657 of 2019(2) dt.08-07-2019 2/2 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 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, Hajipur in connection with Bidupur P.S. Case No. 387/2018, 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. That the petitioners shall co-operate 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 dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T