Asso And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59940 of 2017 Arising Out of PS.Case No. -457 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Asso, Son of Late Musri,

2. Shania, Wife of Asso,

3. Mangla @ Mangloo, Son of Asso, All are resident of Village - Purwari Jhiruwa, P.S. - Forbesganj, District - Araria.

.... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 30.10.2017 in connection with Forbesganj P.S. Case No. 457 of 2016 for the offences alleged under Sections 147, 148, 149, 341, 323, 325 and 302 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and the accusations against as many as 12 persons named in the first information report are general and omnibus in nature without specific role being assigned to any of them. Similarly situated co-accused Md. Nayeem has been granted bail by this Court in Cr. Misc. No. 11326 of 2017. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above 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 Chief Judicial Magistrate, Araria in

Patna High Court Cr.Misc. No.59940 of 2017 (2) dt.12-12-2017 2/2 connection with Forbesganj P.S. Case No. 457 of 2016, on the following conditions:- (i) That one of the bailors of each of the petitioners shall be their close relative 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 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) B.T/Chandran U T