Pinku Sah And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.30756 of 2017 (4) dt.11-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30756 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -AAYAR District- BHOJPUR ======================================================

1. Pinku Sah,

2. Boss @ Bose, Both are son of Jagdish Sah, Resident of Village- Baligaon, P.S. Ayer, District- Bhojpur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ajay Kumar Thakur Mr. Ravi Ranjan, Advocates.

For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 16.02.2017 in connection with Ayer P.S. Case No. 13 of 2017 for the offences alleged under Sections 341, 323, 324, 307, 302 & 34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and the accusations against the petitioners are belied from the statement of injured Ram Pratap Singh and Chandan Kumar Singh in course of investigation.

4. A perusal of paras-45 and 46 of the case diary discloses that Ram Pratap Singh and Chandan Kumar Singh have attributed the assault with knife upon them by accused Gidik Sah and Budha Sharma @ Babloo is said to have assaulted the deceased Manish several times with a knife.

5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above

Patna High Court Cr.Misc. No.30756 of 2017 (4) dt.11-08-2017 named 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 Judicial Magistrate 1st Class, Arrah, in connection with Ayer P.S. Case No. 13 of 2017, on the following 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 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) 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) Md. Ibrarul/Chandran U T