Nikhil Kumar Singh @ Nikhil Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77109 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ======================================================

1. Nikhil Kumar Singh @ Nikhil Kumar, S/o Late Mithlesh Singh, R/o Karma Bigha, P.S. Town, District Aurangabad

2. Munna Kumar Yadav @ Munna Kumar @ Munna Yadav S/o Ramasish Yadav, R/o Village Ledha, P.S. Deo, District -Aurangabad.

3. Kinkar Singh, S/o Narsingh Singh, R/o Village Pathra, P.S. Imamganj, District-Gaya.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-01-2019 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, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153(A), 295(A) and 379 of the Indian Penal Code registered in connection with Aurangabad (Town) P.S. Case No. 97 of 2018.

3. It is submitted that the petitioners have been falsely implicated in connection with a dispute between two communities on the eve of Ramanavmi. The accusations are general and omnibus in nature against as many as 124 named accused persons and unknown. A number of the accused persons have been granted anticipatory bail. The petitioners are made accused in five other cases, all of which have been instituted with respect to the same occurrence.

4. Be that as it may, 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

Patna High Court Cr.Misc. No.77109 of 2018(2) dt.16-01-2019 2/2 released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 97 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions-- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) 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. (iv) That 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. (Vikash Jain, J) BT/Chandran U T