Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40620 of 2018 Arising Out of PS.Case No. -290 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Ramesh Kumar S/o Late Umashankar Kumar,

2. Gulshan Kumar S/o Ramesh Kumar , Both R/o Vill.- Gaddopur, P.S.- Mahua, Distt.- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Mahua P.S.Case No.290 of 2017 , registered for offences punishable under Sections 341, 323, 324, 325, 307, 379, 504/34 of the Indian Penal Code.

Allegation against the petitioners is of assaulting by Khukhari and Garasa causing injury.

Submission of the learned counsel for the petitioners is that there is land dispute between the parties and the injuries are simple in nature.

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,

Patna High Court Cr.Misc. No.40620 of 2018 (4) dt.02-08-2018 2/2 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 CJM, Vaishali at Hajipur in connection with Mahua P.S.Cas eNo.290 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