Binod Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68656 of 2018 Arising Out of PS. Case No.-2 Year-2015 Thana- ADAPUR District- East Champaran ======================================================

1. Binod Ram son of Shiv Balak Ram,

2. Md. Elias Mian @ Iliyas Mian @ Md. Alias, son of Abdul Ghani Mian, Both residents of Village- Bishunpurwa, P.S. Adapur, District- East Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv For the Informant : Mr. Binay Kumar, Adv For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 302,120B IPC registered in connection with Adapur P.S. Case No. 2 of 2015.

3. It is submitted that the petitioners have been falsely implicated merely on suspicion, except there is no other objective material to connect the petitioners with the alleged occurrence. It is stated that after due investigation, the Police has submitted final form but differing from which cognizance has been taken. The petitioners claim clean antecedents.

4. Learned APP assisted by learned counsel for the informant appearing suo motu oppose the anticipatory bail petition.

5. 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 bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned SDJM, Raxaul, East Champaran at Motihari, in connection with

Patna High Court Cr.Misc. No.68656 of 2018(3) dt.01-02-2019 2/2 Adapur P.S. Case No. 2 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. 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 co-operate 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. 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) Chandran/- U T