Mohan Lal Harijan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5311 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -AMAUR District- PURNIA ======================================================

1. Mohan Lal Harijan S/o Late Jhapti Harijan

2. Jamuna Lal Harijan S/o Late Somai Harijan

3. Raj Kumar Harijan S/o Late Jhapti Harijan

4. Bonai Harijan S/o Late Somai Harijan All resident of Village-Kharahia, P.S.-Amour, Dist.-Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nitesh Kumar For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard the parties.

This application has been filed in connection with Amour P.S.Case No.149 of 2016 for the offence under Sections 341, 323, 324, 325, 307,354 and 34 of the Indian Penal Code. It is submitted on behalf of the petitioners that there is general and omnibus allegation against the petitioners of surrounding the injured and the informant and except that there is no other allegations and so far allegation of assault is concerned, it is against some other accused persons.

Heard learned A.P.P. also.

Having heard both sides. In view of the fact that there is general allegation against the petitioner, let the petitioners, above

Patna High Court Cr.Misc. No.5311 of 2017 (2) dt.16-02-2017 2/2 named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of ACJM VI, Purnea in connection with Amour P.S.Case No.149 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U