Santosh Kapar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49110 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- CHORAUT DistrictSitamarhi ====================================================== 1.

SANTOSH KAPAR, aged about 34 years, male, Son of Muneshwar Kapar Resident of Village- Yadupatti Bazar, Police Station- Chouraut, DistrictSitamarhi. 2.

Pappu Kapar @ Pappu, aged about 30 years, male, Son of Upendra Kapar Resident of Village- Yadupatti Bazar, Police Station- Chouraut, DistrictSitamarhi. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ashok Kumar Jha, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 379, 354/34 of the Indian Penal Code registered in connection with Chouraut P.S. Case No. 35 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. Injuries resulting from the assault alleged against the petitioners are simple in nature. The accusations under Section 379 IPC are mere embellishment. 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

Patna High Court CR. MISC. No.49110 of 2019(2) dt.06-08-2019 2/2 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 Chief Judicial Magistrate, Sitamarhi in connection with Chouraut P.S. Case No. 35 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 cooperate 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) That 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) Ibrar//- U T