Indradeo Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50174 of 2015 Arising Out of PS.Case No. -160 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ======================================================
1. Indradeo Singh S/o Raj Bihari Singh
2. Baijnath Kumar S/o Janardan Singh
3. Janardan Singh S/o Indradeo Singh
4. Anupma Kumari D/o Sudama Singh
5. Lipi Kumari D/o Chetan Singh
6. Pratibha Kumari D/o Chetan Singh
7. Dharamshila Devi W/o Chetan Singh
8. Kalawati Devi W/o Janardan Singh
9. Sunaina Devi W/o Sudama Singh
10. Chetan Singh @ Chetan Kumar Singh S/o Indradeo Singh All residents of Village Karma Kala, P.S. Daudnagar, District Aurangabad (Bihar).
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Lal Bahadur Singh, Advocate For the State : APP For the Informant : Mr. Birendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2015 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, 307, 323, 324, 504 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Daudnagar P.S. Case No. 160 of 2015.
3. It is submitted that the petitioners have been falsely implicated and the thrust of accusation of assault with fire-arms is on co-accused Sudama Singh. The accusation against the
Patna High Court Cr.Misc. No.50174 of 2015 (2) dt.06-11-2015 2/3 present petitioners is general and omnibus in nature and there is admitted land dispute between the parties. The present FIR has been instituted as a counter case to Daudnagar P.S. Case no. 156 of 2015 instituted at the instance of petitioner no.2 and even prior to this case, Daudnagar P.S. Case No. 40 of 2015 had been instituted by petitioner no.10.
4. Having regard to the entirety of the facts and circumstances of the case, 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 Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 160 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:
(i) The petitioners shall cooperate with the investigation 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.
(ii) The petitioners shall remain physically present on
Patna High Court Cr.Misc. No.50174 of 2015 (2) dt.06-11-2015 3/3 each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) B.T/- U T