Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54735 of 2019 Arising Out of PS. Case No.-193 Year-2014 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

DHIRENDRA KUMAR Son of Dip Narayan Yadav Resident of VillageBajitpur, P.S.-Makhdumpur, District-Jehanabad. 2.

Akhilesh Kumar Son of Dip Narayan Yadav Resident of Village-Bajitpur, P.S.-Makhdumpur, District-Jehanabad.

3.

Havesh Kumar Son of Ramu Yadav Resident of Village-Bajitpur, P.S.- Makhdumpur, District-Jehanabad.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Manoj Kumar, Advocate.

For the Opposite Party:

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 323, 307, 504 and 379 of the Indian Penal Code registered in connection with Makhdumpur P.S. Case No. 193 of 2014.

3. It is submitted that the petitioners have been falsely implicated and the F.I.R. has been instituted against as many as 17 named accused persons. After due investigation police has submitted chargesheet only against nine accused persons while the remaining persons including the petitioners had not been sent up for trial. The petitioners' case stand on better footing than chargesheeted accused persons who have been granted anticipatory bail by this Court. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.54735 of 2019(2) dt.30-08-2019 2/2

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 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, Jehanabad in connection with Makhdumpur P.S. Case No. 193 of 2014, 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (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 petitioner 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