Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37454 of 2019 Arising Out of PS. Case No.-134 Year-2014 Thana- MADANPUR District- Aurangabad ====================================================== 1.
CHANDAN KUMAR Son of Brijlal Bishwakarma @ Brijlal Sharma Resident of Village - Koiri bBgha, Chilmi, P.S.- Madanpur, Dist.- Aurangabad 2.
Basant Kumar @ Basant Kr. Paswan @ Basant Paswan Son of Chandi Paswan Resident of Village - Jurahi, P.S.- Madanpur, Dist.-Aurangabad 3.
Mahesh Paswan Son of Jamidari Paswan Resident of Village - Koiri Bigha, Chilmi, P.S.- Madanpur, Dist.- Aurangabad 4.
Manoranjan Kumar Son of Ramadhar Paswan Resident of Village - Koiri Bigha, Chilmi, P.S.- Madanpur, Dist.- Aurangabad 5.
Ramjee Singh Bhokta Son of Sita Singh Bhokta Resident of Village - Jurahi, P.S.- Madanpur, Dist.- Aurangabad 6.
Subhashan Bhuiyan Son of Arjun Bhuiyan Resident of Village - Main Bigha, P.S.- Madanpur, District-Aurangabad 7.
Deonath Kumar Son of Tapeshwar Paswan Resident of Pilmi Koiri Bigha, P.S.- Madanpur, Dist.- Aurangabad ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Rupa Kumari, Adv For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-06-2019 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, 148,149, 341, 323, 353, 427 IPC and Section 17 of the C.L. Act registered in connection with Madanpur P.S. Case No. 134/2014, GR No. 1416/2014.
3. It is submitted that the petitioners have been falsely implicated merely on suspicion and the FIR is instituted against as many as 500 unknown persons. No overt act has been alleged against the
Patna High Court CR. MISC. No.37454 of 2019(29) dt.21-06-2019 2/2 petitioners. 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 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 CJM, Aurangabad, in connection with Madanpur P.S. Case No. 134/2014, GR No. 1416/2014, 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