Abhishek Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43020 of 2018 ======================================================

1. Abhishek Kumar, S/o Kailash Ram,

2. Vikash Kumar S/o Kailash Ram, Both R/o Vill.- Pojhiyan, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Sinha For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Lalganj P.S.Case no.156 of 2018 , registered for offences punishable under Sections 341, 323, 354(B), 506, 379, 504/34 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant and also tearing the blouse of the informant. Submission of the learned counsel for the petitioners is that there is land dispute between the parties and for that they have been falsely implicated in this case and the allegations are ornamental in nature.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.43020 of 2018 (3) dt.07-08-2018 2/2 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishalia at Hajipur in connection with Lalganj P.S.Case No.156 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T