Chanchal Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46057 of 2018 Arising Out of PS.Case No. -639 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Chanchal Kumar son of Biran Singh

2. Gopal Kumar son of Suraj Prasad

3. Riju Kumar son of Late Ramu Sao

4. Vijay Sao son of Late Hari Sao

5. Rajesh Kumar son of Late Hari Sao

6. Ajay Kumar son of Jitu Ram All residents of Mohalla Naya Tola Jehanabad, Police Station Jehanabad, District Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Jehanabad P.S.case No.639 of 2017 , registered for offences punishable under Sections 147, 149, 337 and 295(A) of the Indian Penal Code and Section 153(A) of the Indian Penal Code. Allegation against the petitioners as per FIR is that during the procession of Tazia the accused persons came near the Durga Idol and the persons of Durga Puja Pandal were also ready to assault the accused persons.

Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners.

Patna High Court Cr.Misc. No.46057 of 2018 (2) dt.09-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the fact that no specific allegation has been attributed against the petitioners, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jehanabad in connection with Jehanabad P.S.Case no.639 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T