Manoj Rai @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41726 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

MANOJ RAI @ MANOJ KUMAR, aged about 37 years, male, Son of Dasai Rai Resident of Village - Shahpur, P.S.- Shahpur, Dist.- Patna. 2.

Dilip Rai, aged about 65 years, male, Son of Dasai, Rai Resident of Village - Shahpur, P.S.- Shahpur, Dist.- Patna.

3.

Sukhal Rai, aged about 45 years, male, son of Satyanarayan Rai Resident of Village - Shahpur, P.S.- Shahpur, Dist.- Patna. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Vibhuti Ranjan Sonvadra, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehends their arrest for the offences alleged under Sections 147, 341, 323, 379, 506, 307, 385 and 504 of the Indian Penal Code registered in connection with Shahpur P.S. Case No. 28 of 2019.

3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties. The accusation of assault is general and omnibus in nature without any specific assault attributed individually. The specific accusation of assault is against other co-accused. There is no injuries to the informant's side rather injuries sustained by the petitioners' side. 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

Patna High Court CR. MISC. No.41726 of 2019(2) dt.08-07-2019 2/2 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) eachwith two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Shahpur P.S. Case No. 28 of 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 of each of the petitioners shall be their close relatives 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 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.

(Vikash Jain, J) Ibrar//- U T