Nikhil Singh @ Nikhil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41906 of 2019 Arising Out of PS. Case No.-52 Year-2018 Thana- CHAUSA DistrictMadhepura ====================================================== 1.
NIKHIL SINGH @ NIKHIL KUMAR, aged about 21 years, male, Son of Devanand Singh Resident of Village - Laualagan, P.S.- Chausa, District - Madhepura 2.
Karun Singh @ Karun Kumar Singh, aged about 22 years, male, Son of Lal Bahadur Singh Resident of Village - Laualagan, P.S.- Chausa, District - Madhepura 3.
Iji Singh @ Pransjit Kumar, aged about 25 years, male, Son of Birendra Singh Resident of Village - Laualagan, P.S.- Chausa, District - Madhepura 4.
Lal Bahadur Singh, aged about 50 years, male, Son of Kamleshwari Singh Resident of Village - Laualagan, P.S.- Chausa, District - Madhepura ... ... Petitioners
Versus
The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Shailendra Kumar Singh, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-07-2019 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, 307, 380, 504, 354, 427, 506/34 of the Indian Penal Code registered in connection with Chausa P.S. Case No. 52 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty dispute and the F.I.R. is against as many as 21 named persons. There is case and counter case between the parties. The injuries are simple in nature except one injury in respect of which opinion has been reserved. 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 petitioners be released on provisional bail on furnishing bail
Patna High Court CR. MISC. No.41906 of 2019(2) dt.09-07-2019 2/2 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Uda-Kishunganj, Madhepura in connection with Chausa P.S. Case No. 52 of 2018, 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 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 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. (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.
5. The provisional bail granted to the petitioners shall be confirmed upon verification by the learned Court below, preferably within a further period of four weeks after furnishing bail bonds, that none of the injuries sustained by the informant's side is grievous in nature, failing which their bail bonds shall stand automatically cancelled.
(Vikash Jain, J) Ibrar/BT U T