Rajeev Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49653 of 2017 Arising Out of PS.Case No. -573 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Rajeev Kumar S/o Manohar Prasad

2. Amit Kumar S/o Jugal Kishor Sah Both Resident of MohallaVishwanathganj, Prakash Talkies Road P.O.- Khagaria, P.S.- Khagaria, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-11-2017 Heard the parties.

The petitioners seek regular bail in connection with Khagaria Sadar P.S.Case No.573 of 2017 registered for offences punishable under Sections 143, 149, 188 & 353 of the Indian Penal Code.

Petitioners are named in the FIR and allegation against the petitioners and several accused persons is of creating obstruction in encroachment drive made by the authorities. Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against them and they are in custody for 2 1⁄2 months and another co-accused person has already been granted by this Court, vide order dated 18.10.2017

Patna High Court Cr.Misc. No.49653 of 2017 (2) dt.09-11-2017 2/2 passed in Cr. Misc. No.48373 of 2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged 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 C.J.M., Khagaria in connection with Khagaria Sadar P.S.Case No.573 of 2017.

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 disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, 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