Vivek Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80483 of 2018 Arising Out of PS. Case No.-292 Year-2018 Thana- MAHNAR DistrictVaishali ======================================================
1. Vivek Kumar Singh S/o Shiv Kumar Singh, resident of village- Harbara, P.S.- Mahnar, District- Vaishali
2. Prakash Raj @ Prakash Kumar S/O- Vinod Thakur, resident of VillageSultanpur, P.S.- Desari, District- Vaishali.
3. Kishan Sharma S/O- Premnath Sharma, Mohalla- Sabji Mandi, Mahnar, P.S.- Mahnar, District- Vaishali.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nirbhay Kumar Singh For the Opposite Party/s :
Mr.Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 143, 149, 295(A), 298, 504, 506 IPC registered in connection with Mahnar P.S. Case No. 292 of 2018.
3. It is submitted that the petitioners have been falsely implicated. The FIR has been instituted after inordinate delay of about six days on 20.10.2018 for the alleged occurrence on 14.10.2018. The petitioners claim clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances, 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 Additional Chief Judicial Magistrate-II,
Patna High Court Cr.Misc. No.80483 of 2018(2 ) dt.17-01-2019 2/2 Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 292 of 2018, 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) 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 bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Chandran/- U T