Chandrabhan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39259 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== 1.
CHANDRABHAN SINGH Son of Ram Niyadi Singh Resident of Village - Garkey, P.S.- Adhoura, Dist.- Kaimur at Bhabua. 2.
Ram Akbal Singh @ Ram Akbal Singh Yadav Son of Sri Nath Singh Resident of Village - Garkey, P.S.- Adhoura, Dist.- Kaimur at Bhabua. 3.
Lalta Singh @ Lalita Prasad Son of Shri Nath Singh Resident of Village - Garkey, P.S.- Adhoura, Dist.- Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341,323, 325, 504, 307, 34 IPC registered in connection with Adhoura P.S. Case No. 16 of 2019, G.R. No. 580 of 2019.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of dispute relating to PDS licence. All injuries are simple in nature except dislocation of right shoulder attributed to the assault by the petitioner no. 3. The petitioners claim clean antecedents.
4. Having regard to the nature of grievous injury sustained by the informant on his right shoulder, as regards petitioner no.3 this Court is not inclined to grant the privilege of anticipatory bail to him. The anticipatory bail petition as against petitioner no. 3 stands dismissed.
Patna High Court CR. MISC. No.39259 of 2019(2) dt.02-07-2019 2/2
5. As regards petitioner no. 1 and 2, in the event of their arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner no. 1 and 2 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, Kaimur at Bhabua, in connection with Adhoura P.S. Case No. 16 of 2019, G.R. No. 580 of 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 shall be a close relatives of the petitioner no. 1 and 2.
ii. That the petitioner no. 1 and 2. shall not indulge in any similar offence till conclusion of the trial. iii. That the petitioner no. 1 and 2 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 petitioner no. 1 and 2 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