Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44435 of 2019 Arising Out of PS. Case No.-357 Year-2019 Thana- NAWADA District- Nawada ====================================================== 1.

BITTU KUMAR S/O Late Hira Ravidas Resident of village- Patwasarai, P.S.- Kadirganj, District- Nawada.

2.

Banty Kumar S/O Surendra Das Resident of village- Patwasarai, P.S.- Kadirganj, District- Nawada.

3.

Bhushan Ravidas S/O Mishri Ravidas Resident of village- Patwasarai, P.S.- Kadirganj, District- Nawada.

4.

Ashok Rajvanshi S/O Binda Rajvanshi Resident of village- Patwasarai, P.S.- Kadirganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 323, 341, 379, 504,506/34 IPC and Section registered in connection with Nawada Town P.S. Case No. 357of 2019.

3. It is submitted that the petitioners have been falsely implicated and in any event the accusation of firing by the accused persons is general and omnibus and not supported by the injury reports of the informant's side which does not show any fire arm injury rather the injuries are said to have been caused by hard blunt substance, which are simple in nature. There is case and counter case between the parties. The fire arm injury said to have been sustained by Ganauri Mahto is not attributed to the assault by any specific accused persons and sustained on non-vital part of the body. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.44435 of 2019(2) dt.19-07-2019 2/2

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 bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Nawada, in connection with Nawada Town P.S. Case No. 357of 2019, 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