Banti Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80580 of 2018 Arising Out of PS. Case No.-205 Year-2018 Thana- GOVINDPUR DistrictNawada ======================================================
1. Banti Singh Son of Late Ram Niwash Singh
2. Kuleshwar Singh@ Kauleshwar Singh Son of Late Jamadar Singh
3. Darogi Prasad @ Darogi Singh @ Thaka S/o Late Mahavir Yadav
4. Laxman Yadav Son of Raj Kumar Yadav
5. Sandeep Yadav @ Sandeep Kumar Son of Jaynandan Yadav
6. Shibu Yadav @ Shiv Balak Prasad @ Shiv Balak Yadav S/o Muneshwar Yadav
7. Pushpanand Pandey S/o Madan Pandey
8. Jaynandan Yadav @ Jaynandan Prasad Son of Dukhan yadav
9. Pintu Singh Son of Late Ram Niwas Singh All resident of Village- Mahugay, P.S.- Govindpur, District- Nawada ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Krishna Deo Raj, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 323, 341, 342, 353, 435, 504 of the Indian Penal Code registered in connection with Govindpur P.S. Case No. 205 of 2018.
3. It is submitted that the petitioners have been falsely implicated and the F.I.R. has been instituted against as many as 15 named and 50 to 100 unknown persons. There is no specific accusation of any assault and no injury has been caused to anyone nor any public property has been damaged by the petitioners. The petitioners claim clean antecedents.
Patna High Court Cr.Misc. No.80580 of 2018(2) dt.28-01-2019 2/2
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, 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 Sub-Divisional Judicial Magistrate-V, Nawada in connection with Govindpur P.S. Case No. 205 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioners shall cooperate 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.
(Vikash Jain, J) Ibrar/BT U T