Madan Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68286 of 2018 Arising Out of PS. Case No.-174 Year-2018 Thana- WARISNAGAR DistrictSamastipur ======================================================

1. Madan Ram son of Late Rajendar Ram, Village- Rahua Paschim, P.S. Warisnagar, District- Samastipur.

2. Rubesh Ram son of Sambhu Ram, Village- Rahua Paschim, P.S. Warisnagar, District- Samastipur.

3. Ravindar Ram son of Rakshi Ram, Village- Rahua Paschim, P.S. Warisnagar, District- Samastipur.

... ... Petitioners

Versus

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

For the Petitioner :

Mr. Prem Kumar, Advocate For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 354 and 504/34 of the Indian Penal Code registered in connection with Warisnagar P.S. Case No. 174 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute for which there is case and counter case between the parties. The fardbeyan has been recorded belatedly on 19.06.2018 for the alleged occurrence of 15.06.2018 and the F.I.R. has been registered on 06.07.2018. There is no injury to support the accusations of assault. The petitioners claim clean antecedents.

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

Patna High Court Cr.Misc. No.68286 of 2018(3) dt.18-01-2019 2/2 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 Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 174 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) 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//- U T