Jay Shankar Choubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50445 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.
JAY SHANKAR CHOUBEY Son of Ambika Choubey Resident of Village - and P.O.- Ahiraulli, Buxar, P.S.- Buxar (I), Dist.- Buxar. 2.
Narsingh Choubey Son of Ambika Choubey Resident of Village - and P.O.- Ahiraulli, Buxar, P.S.- Buxar (I), Dist.- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamleshwar Pandey, Adv For the Opposite Party/s :
Mr.Rajendra Prasad Nat,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-08-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 447, 341, 323, 504, 506, 307, 379/34 of the Indian Penal Code registered in connection with Buxar (Industrial Area) P.S. Case No. 100 of 2019.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute for which Partition Suit No. 426 of 2017 is pending in the Court of learned Sub Judge VIII, Buxar. The accusations are general and omnibus and in any event the injuries are simple in nature. 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 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 District & Sessions Judge, Buxar, in connection with Buxar (Industrial Area) P.S. Case No. 100 of 2019, subject to the conditions as
Patna High Court CR. MISC. No.50445 of 2019(2) dt.14-08-2019 2/2 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