Narayan Mushar @ Narayan Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55764 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

NARAYAN MUSHAR @ NARAYAN MUSAHAR Son of Gudi Musahar Resident of Village - Bahuarawa Farm, P.S.- Chautarwa, District- West Champaran 2.

Achhay Mushar @ Akshay @ Achchhe Lal Musahar Son of Vindhyachal Musahar Resident of Village - Bahuarawa Farm, P.S.- Chautarwa, DistrictWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 15.07.2019 and 30.05.2019 respectively, in connection with Chautarawa P.S. Case No. 66/2019 for the alleged offences under Section 302, 201/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and the FIR has been lodged against as many as nine persons. It is submitted that except suspicion there is no other objective material to connect the petitioners with the alleged occurrence and in any event the accusations are general and omnibus in nature. Co-accused Rampati Devi has been granted anticipatory bail by this Court in Cr. Misc. No. 64350 of 2019. The petitioners claim clean antecedents.

4. Learned APP appears and has been heard, but has not pointed to any objective adverse materials in the case diary

Patna High Court CR. MISC. No.55764 of 2019(3) dt.27-11-2019 2/2 against the petitioners.

5. Be that as it may, let the petitioners above named 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 ACJM, Bagaha, West Champaran in connection with Chautarawa P.S. Case No. 66/2019 on the following 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) 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. Chandran/- (Vikash Jain, J) U T