Umesh Pd. @ Umesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42005 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- AIRPORT District- Patna ====================================================== 1.
UMESH PD. @ UMESH RAI S/o Late Kanik Lal R/o villageMahuwabagh, Dhanaut, P.S.- Rupaspur, District- Patna 2.
Vikash Kumar S/o Sri Umesh Rai R/o village- Mahuwabagh, Dhanaut, P.S.- Rupaspur, District- Patna 3.
Deepak Kumar S/o Sri Umesh Rai R/o village- Mahuwabagh, Dhanaut, P.S.- Rupaspur, District- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar Sinha,Adv For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-07-2019 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, 326, 427, 307, 504, 506/34 IPC registered in connection with Hawai Adda P.S. Case No. 60/2019.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. Reference is invited to the order of learned Sessions Judge, from which it has been noticed that there is no injury report on record. 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 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 Ms. Tanveer Kaur, learned J.M. Ist Class, Patna in connection with Hawai Adda P.S. Case No. 60/2019, subject to the conditions as laid down
Patna High Court CR. MISC. No.42005 of 2019(2) dt.10-07-2019 2/2 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