Shambhu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41305 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- DARAUNDA DistrictSiwan ====================================================== 1.
SHAMBHU SAH, aged about 45 years, male, S/o Late Muneshwar Sah R/o village- Bal Bangara, P.S.- Daraunda, District- Siwan 2.
Ramai Kumar @ Ramai Kumar Gond, aged about 21 years, male, S/o Shambhu Sah R/o village- Bal Bangara, P.S.- Daraunda, District- Siwan 3.
Suganti Devi, aged about 40 years, female, W/o Shambhu Sah R/o village- Bal Bangara, P.S.- Daraunda, District- Siwan 4.
Sharda Kumari, aged about 19 years, female, D/o Shambhu Sah R/o village- Bal Bangara, P.S.- Daraunda, District- Siwan 5.
Asha Devi, aged about 35 years, female, W/o Prabhu Sah R/o village- Bal Bangara, P.S.- Daraunda, District- Siwan ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shambhy Sah, Advocate.
For the Opposite Party:
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-07-2019 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, 324, 307, 379, 504/34 of the Indian Penal Code registered in connection with Daraunda P.S. Case No. 30 of 2019.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute as the parties are agnates. There is no injury report on record to corroborate the accusation of assault by the petitioners. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners'
Patna High Court CR. MISC. No.41305 of 2019(2) dt.05-07-2019 2/2 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 Additional Chief Judicial Magistrate-VI, Siwan in connection with Daraunda P.S. Case No. 30 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 petitioner nos. 3,4, and 5 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present and petitioner nos. 1 and 2 shall remain physically present in Court on each and every date, 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