Lal Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59224 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- MALI District- Aurangabad ====================================================== 1.

LAL MOHAN SINGH Son of Kapildev Singh Resident of village- Simra, P.S. Mali, District- Aurangabad.

2.

Brijmohan Singh Son of Kapildev Singh Resident of village- Simra, P.S. Mali, District- Aurangabad.

3.

Rahul Singh Son of Kapildev singh Resident of village- Simra, P.S. Mali, District- Aurangabad.

4.

Disu Kumar @ Disu Singh Son of Lal Mohan Singh Resident of villageSimra, P.S. Mali, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code, registered in connection with Mali P.S.Case No. 40 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty dispute over cutting the earth and there is case and counter case between the parties, as noticed in the order of the learned Additional Sessions Judge.

4. Be that as it may, in the event of petitioners' arrest or surrender before 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 bonds of Rs. 10,000/-(ten

Patna High Court CR. MISC. No.59224 of 2019(2) dt.19-09-2019 2/2 thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Mali P.S.Case No. 40 of 2019, 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 shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate 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 petitioners 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) HR/- U T