Shivnandan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42058 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- KOTWA District- East Champaran ====================================================== 1.

SHIVNANDAN DAS Son of Vishwanath Das Resident of Village - Jasauli Patti, P.S.- Kotwa, District - East Champaran 2.

Vishwanath Das Son of Saguni Das Resident of Village - Jasauli Patti, P.S.- Kotwa, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-07-2019 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, 354(b) and 34 IPC registered in connection with Kotwa P.S. Case No. 58 of 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. The accusation of assault is general and omnibus in nature and the injuries are simple in nature. 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 learned CJM, Motihari, East Champaran, in connection with Kotwa P.S. Case No. 58 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further

Patna High Court CR. MISC. No.42058 of 2019(2) dt.11-07-2019 2/2 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