Baban Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24975 of 2018 Arising Out of PS.Case No. -102 Year- 2017 Thana -GAYA MUFFSIL District- GAYA ======================================================
1. Baban Kumar Son of Shiv Kumar Yadav
2. Raja Kumar Son of Jhaman Yadav Both residents of Village/Mohalla - Bhore, P.S. - Muffasil, District - Gaya, Bihar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Mufassil P.S.Case no.102 of 2017 , registered for offences punishable under Sections 354(A)(1)(iv), 354(D)(1)(I)(III), 341 and 323 read with Section 34 of the Indian Penal Code. Allegation against the petitioners is of misbehaving and teasing the informant and others.
Submission of the learned counsel for the petitioners is that they are students and due to village politics, they have been made accused in this case and they further undertakes that they will abide by any condition imposed upon them if they are granted anticipatory bail.
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.24975 of 2018 (3) dt.22-06-2018 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 C.J.M., Gaya in connection with Mufassil P.S.case no.102 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 family members 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. (iv) If they will be engaged in such type of cases in future, their bail bond shall be cancelled.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T