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Patna High CourtCR. MISC./76986/2018bail granted

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

2019-02-07Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76986 of 2018 Arising Out of PS. Case No.-116 Year-2018 Thana- SURYAGARHA District- Lakhisarai ======================================================

1. PAMPAM KUMAR @ PAMPAM SINGH

2. Tan Tan Kumar, Both sons of Pramod Singh.

3. Subodh Singh, Son of Late Ramdev Singh, All residents of Village Hasanpur Diara, P.S. Pipriya, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhubneshwar Prasad For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147/148/149/323/302 IPC and Section 27 of the Arms Act registered in connection with Surajgarha P.S. Case No. 116 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the thrust of accusation of assault is upon co-accused Shekhar Kumar @ Babli and Avinash Kumar. The accusation of assault by lathi danda by the petitioners is general and omnibus in nature. The accusation of firing by the accused persons has not supported as there is no fire arm injury to anyone. The petitioners all are family members claiming clean antecedents.

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, Lakhisarai, in connection with Surajgarha P.S. Case No. 116 of 2018, subject to the conditions as laid down under Section 438

Patna High Court Cr.Misc. No.76986 of 2018(3) dt.07-02-2019 2/2

(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