Manoj Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12386 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -NARDIGANJ District- NAWADA ======================================================

1. Manoj Kumar, Son of Late Bachool Lal @ Lala Prasad

2. Shashi Bhushan Kumar Sinha, Son of Late Bachoo Lal @ Lala Prasad,

3. Saurabh Kumar @ Chiku , Son of Vibhakar Prasad,

4. Manish Kumar @ Goru, Son of Manoj Kumar All Resident of VillageKachuara, P.S.- Nardiganj, District- Nawada. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ravi Bhardwaj, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Nardiganj P.S. Case No. 164 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

It has been submitted on behalf of the petitioners that petitioners have falsely been implicated in this case because of the fact that co-accused Vibhakar Prasad was Sarpanch of the Gram Panchayat and informant has contested the election against him and as to why all the family members of the petitioners have been implicated in this case. It has further been submitted that there is allegation of assault but all the injuries are simple in nature caused by hard and blunt substance and co-accused Vibhakar Prasad has been granted bail by this Court in Cr.Misc.No.10166 of 2017, vide order dated 18.3.2017.

Patna High Court Cr.Misc. No.12386 of 2017 (2) dt.23-03-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the submission as stated above as well as the injuries are simple in nature and dispute is from before, let the petitioners, above named, in the event of their arrest or surrender in the court below within a period of two weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Nawada, in connection with Nardiganj P.S.Case No. 164 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further subject to the conditions that petitioners shall co-operate in the investigation and make themselves available before the police as and when required and in the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds and further petitioners will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U