Sudhir Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38028 of 2019 Arising Out of PS. Case No.-133 Year-2017 Thana- SIGAUDI District- Patna ====================================================== 1.

SUDHIR BIND, male, aged about 30 years, Son of Bhola Bind Resident of Village-Jarkha, Police Station-Sigori, District-Patna. 2.

Sunil Bind, male, aged about 28 years, Son of Bhola Bind Resident of Village-Jarkha, Police Station-Sigori, District-Patna. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Parashuram Singh, 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, 148, 149, 341, 323, 307, 447, 354, 379, 506 and 504 of the Indian Penal Code registered in connection with Sigori P.S. Case No. 133 of 2017.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of partition dispute as the parties are agnates. In any event the injuries sustained by the informant and his wife attributed to the assault by the petitioners respectively are simple in nature. Co-accused Bhola Bind, Firoj Bind, tunu Kumar and Jaswa Devi have been granted anticipatory bail by the learned Additional Sessions Judge-I, Danapur in A.B.P. No. 909 of 2019. 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

Patna High Court CR. MISC. No.38028 of 2019(2) dt.25-06-2019 2/2 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 Additional Chief Judicial Magistrate-V, Danapur, Patna in connection with Sigori P.S. Case No. 133 of 2017, 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themsleves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) 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.

(Vikash Jain, J) Ibrar//- U T