Patna High CourtCR. MISC./12697/2018bail granted

Subodh Kumar And ANR v. The State Of Bihar

2018-04-06Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.12697 of 2018 (3) dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12697 of 2018 Arising Out of PS.Case No. -28 Year- 2017 Thana -DUMARIA District- GAYA ======================================================

1. Subodh Kumar,

2. Sailesh Kumar Both Sons of Ramjatan Mahto, R/o Village- Deochanddih, P.S.- Bhadbar, District- Gaya. .... .... Petitioners

Versus

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

For the Petitioner : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party : Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-04-2018 Heard counsel for the petitioners and the State. Petitioners are accused in a case registered for offence under sections 147, 148, 149, 302, 435, and 379 IPC. Learned counsel for the petitioners submits that without attributing any specific role upon the petitioner all the accused persons have been implicated on false and omnibus allegation as a result of some subsisting dispute between the parties. Similarly situated co-accused Ram Das Prasad and Mahavir Prasad @ Mahavir Mahto have already been granted bail vide orders dated 14.12.2017 & 15.11.2017, passed in Cr Misc. Nos. 59058/2017 & 43799/2017 respectively. Prior to the lodging of this case, they are not accused in other case. Petitioners are in custody since 4.1.2018.

Considering the aforesaid submissions, prayer for bail of

Patna High Court Cr.Misc. No.12697 of 2018 (3) dt.06-04-2018 the petitioners is allowed. Let both the petitioners, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Sherghati at Gaya in Dumariya Police Station Case No. 28 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(b) The Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi./- U T