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Patna High CourtCR. MISC./53817/2019bail granted

Chandan Shukla v. The State Of Bihar

2019-11-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53817 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== 1.

CHANDAN SHUKLA Son of Rakesh Ranjan Shukla Resident of Village - Sikandarpur, Mirjanhat, P.S.- Mojahidpur, Distt.- Bhagalpur. 2.

Gaurave Jha @ Gaurav Jha Son of Vinay Kant Jha Resident of Village - Ahmad Ali Lane, Sikandarpur, P.S.- Mohjahidpur, Distt.- Bhagalpur. 3.

Raja Kumar @ Baiting Raja Son of Gopal Modi Resident of Sikandarpur, Mirjanhat, P.S.- Mojahidpur, Distt.- Bhagalpur. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Saghir Ahmad, Advocate.

For the Opposite Party:

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-11-2019 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, 384, 387, 506/34 of the Indian Penal Code registered in connection with Mojahidpur P.S. Case No. 136 of 2019.

3. It is submitted that the petitioners have been falsely implicated in a retaliatory F.I.R. lodged a day after the F.I.R. in Mojahidpur P.S. Case No. 135 of 2019 by the petitioner no. 1 against the informant's side with similar accusations. It is submitted that 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

Patna High Court CR. MISC. No.53817 of 2019(3) dt.16-11-2019 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, Bhagalpur in connection with Mojahidpur P.S. Case No. 136 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