Kunal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42516 of 2019 Arising Out of PS. Case No.-160 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== 1.

KUNAL SINGH Son of Akhilesh Singh Resident of Village- Rampurwa, P.S.- Chanpatia, District- West Champaran.

2.

Pappu Singh Son of Brajesh Singh Resident of Village- Bankatwa, P.S.- Nautan, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== 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 147, 148, 149, 387 IPC and Section 27 of the Arms Act registered in connection with Chanpatia P.S. Case No. 160 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute. The parties are all related as the petitioners are paternal and maternal nephews respectively, of the informant. Partition Suit No. 99 of 1994 is also pending between the parties. The petitioners are accused in one prior case being Chanpatia P.S. Case No. 411 of 2013, which has also been lodged by the informant's side.

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, Bettiah, West Champaran, in connection with Chanpatia

Patna High Court CR. MISC. No.42516 of 2019(2) dt.11-07-2019 2/2 P.S. Case No. 160 of 2018, 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 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