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Patna High CourtCR. MISC./52951/2019bail granted

Mahendra Ram v. The State Of Bihar

2019-08-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52951 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== 1.

MAHENDRA RAM Son of late Prasadi Ram Resident of Village - Shahjahapur Tola Thikahi, P.S. and Distt - Vaishali. 2.

Tunn Ram @ Tunna Ram Son of late Prasadi Ram Resident of Village - Shahjahapur Tola Thikahi, P.S. and Distt - Vaishali. 3.

Ram Chandra Ram Son of late Prasadi Ram Resident of Village - Shahjahapur Tola Thikahi, P.S. and Distt - Vaishali. 4.

Sanjay Ram Son of Ram Chandra Ram Resident of Village - Shahjahapur Tola Thikahi, P.S. and Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-08-2019 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, 353, 332, 333, 307, 504 of the Indian Penal Code registered in connection with Vaishali P.S. Case No. 173 of 2019.

3. It is submitted that the petitioners have been falsely implicated and the FIR is against as many as 20 named and 20-25 unknown persons. The petitioners merely happened to be in the vicinity and the accusations are general and omnibus in nature without any specific accusation attributed to the petitioners. Similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 44636 of 2019. 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

Patna High Court CR. MISC. No.52951 of 2019(2) dt.23-08-2019 2/2 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, Vaishali in connection with Vaishali P.S. Case No. 173 of 2019, 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