Binod Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63428 of 2019 Arising Out of PS. Case No.-335 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
BINOD CHAUDHARY Son of Banke Chaudhary Resident of VillageDighi Kala East, Rai Nagar Chowk, P.S.- Hajipur Sadar in the District of Vaishali.
2.
Anil Chaudhary Son of Late Mahesh Chaudhary Resident of Village- Dighi Kala East, Rai Nagar Chowk, P.S.- Hajipur Sadar in the District of Vaishali. 3.
Bindeshwar Chaudhary Son of Banke Chaudhary Resident of Village- Dighi Kala East, Rai Nagar Chowk, P.S.- Hajipur Sadar in the District of Vaishali. 4.
Shankar Chaudhary Son of Banke Chaudhary Resident of Village- Dighi Kala East, Rai Nagar Chowk, P.S.- Hajipur Sadar in the District of Vaishali. 5.
Pankaj Kumar Son of Bindeshwar Chaudhary Resident of Village- Dighi Kala East, Rai Nagar Chowk, P.S.- Hajipur Sadar in the District of Vaishali. 6.
Dina Nath Rai Son of Late Sakhichand Rai @ Shashi Kant Rai Resident of Village- Lal Pokhar, P.S.- Hajipur Sadar in the District of Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-10-2019 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, 341, 323, 353, 504/506 of the Indian Penal Code registered in connection with Hajipur Sadar P.S. Case No. 335 of 2019.
3. It is submitted that the petitioners have been falsely implicated and the FIR is against as many as six named and 100 unknown persons. The petitioners merely happened to be in the vicinity and the accusations are general and omnibus in nature without any specific accusation attributed individually and no injury has been caused to anyone. The petitioners claim clean antecedents.
Patna High Court CR. MISC. No.63428 of 2019(2) dt.21-10-2019 2/2
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 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 CJM, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 335 of 2019 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 bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T