Arbind Giri And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.41651 of 2014 (2) dt.20-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41651 of 2014 Arising Out of PS.Case No. -28 Year- 2014 Thana -AMNAUR District- SARAN ======================================================

1. Arbind Giri Son of Rama Giri.

2. Rajendra giri Son of Brij Giri Both Residents of Aphar, Mathiya, P.S.- Amnour, District- Saran .... .... Petitioners.

Versus

1. The State of Bihar .... .... Opposite Party.

====================================================== with Criminal Miscellaneous No.41741 of 2014 Arising Out of PS.Case No. -28 Year- 2014 Thana -AMNAUR District- SARAN ======================================================

1. Indrajeet Giri Son of Late Shankar Giri, resident of Aphar, Mathiya, P.S - Amnour, District- Saran.

.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

(In Cr.Misc. No.41651 of 2014) For the Petitioners : Mr. Harish Kumar, Advocate. For the State : Mr. Ram Bachan Singh, A.P.P. (In Cr.Misc. No.41741 of 2014) For the Petitioner : Mr. Harish Kumar, Advocate. For the State : Mr. Surendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-03-2015 Learned counsel for the petitioners in Cr.Misc. No. 41651 of 2014 submits that petitioner no. 1, namely, Arbind Giri has already been arrested hence prayed for to withdraw the bail application against petitioner no. 1 Accordingly, bail application against petitioner no. 1, Arbind Giri has become infructuous as withdrawn. Heard learned counsel for the petitioners, and learned

Patna High Court Cr.Misc. No.41651 of 2014 (2) dt.20-03-2015 counsel for the State.

Two bail applications are being heard together and disposed of by common order as two cases arise in connection with Amnour P.S. Case No. 28 of 2014 registered under Sections 147, 148, 149, 323, 324, 307, 448 and 504 of the Indian Penal Code.

It is alleged that petitioners along with others co-accused came and assaulted the informant and others by fists and slaps as well as farsa. However, injury report shows injuries are simple in nature.

Having regard to the facts and circumstances of the case, the above named petitioners in the event of their arrest/surrender within a period of four weeks from today in the court below shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran, in connection with Amnour P.S. Case No. 28 of 2014, subject to condition as laid down under Section 438(2) of Cr.P.C. Further conditions that petitioners shall not indulge in such activity in future and not threat any witnesses. Further condition that if any allegation or threat shall be reported against the petitioners then trial court shall consider for cancellation of bail bonds of the petitioners.

m.p.

(Gopal Prasad, J) U T