Laddu Kumar Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59079 of 2019 Arising Out of PS. Case No.-168 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== 1.
LADDU KUMAR SRIVASTAVA Son of Harindra Lal Resident of Village - Yadopur, P.S.- Harsidhi, Dist.- East Champaran. 2.
Munna Kumar @ Munna Kumar Srivastava Son of Chanchal Lal Resident of Village - Yadopur, P.S.- Harsidhi, Dist.- East Champaran. 3.
Guddu Kumar Srivastava Son of Harindra Lal Resident of Village - Yadopur, P.S.- Harsidhi, Dist.- East Champaran.
4.
Aditya Kumar @ Aditya Bihari Verma Son of late Kapildeo Lal Resident of Village - Yadopur, P.S.- Harsidhi, Dist.- East Champaran. 5.
Mukesh Lal @ Mukesh Bihari Verma Son of Late Kapildeo Lal Resident of Village - Yadopur, P.S.- Harsidhi, Dist.- East Champaran. 6.
Anit Lal @ Anit Prasad Srivastva Son of Late Kapildeo Lal Resident of Village - Yadopur, P.S.- Harsidhi, Dist.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore, For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-09-2019 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, 324, 308, 379, 447, 427,504, 506/34 of the Indian Penal Code registered in connection with Harsidhi P.S. Case No.168/2019. G.R. No. 3578 of 2019.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. No specific overt act has been
Patna High Court CR. MISC. No.59079 of 2019(2) dt.18-09-2019 2/3 attributed against the petitioners individually. Reference is invited to the order of learned Sessions Judge, from which it appears that the injuries are simple in nature. Petitioner nos. 2 to 6 claim clean antecedents while petitioner no. 1 is accused in one prior case and it is stated that the same has been lodged at the instance of the informant's side.
4. Be that it may, in the event of petitioners' arrest or surrender within four weeks hereof let the above named petitioners' be released on provisional bail on furnishing bail bond of Rs.10,000/- [ten thousand] each with two sureties of like amount each to the satisfaction of learned CJM, Motihari, East Champaran in connection with Harsidhi P.S. Case No.168/2019. G.R. No. 3578 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.
Patna High Court CR. MISC. No.59079 of 2019(2) dt.18-09-2019 3/3 (iv) 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.
5. The provisional bail granted to the petitioners shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bond, that no grievous injury has been caused by the informant side. In case grievous injury is found, their bail bonds shall stand automatically cancelled.
(Vikash Jain, J) Chandran/- U T