Amit Yadav @ Amit Kr. Yadav @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62946 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- BAUNSI District- Banka ====================================================== 1.

AMIT YADAV @ AMIT KR. YADAV @ AMIT KUMAR Son of Ramlakhan Yadav Resident of Village - Kushamaha, Police Station- Bounsi, District- Banka.

2.

Ramlakhan Yadav Son of Naresh Masat Resident of Village - Kushamaha, Police Station- Bounsi, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 506/34 of the Indian Penal Code registered in connection with Bounsi P.S. Case No. 88/2019

3. It is submitted that the petitioners have been falsely implicated in the backdrop of past enmity. The petitioner no. 1 is said to have assaulted the informant with lathi on his head while petitioner no. 2 on his left hand and back and in any event the injuries are simple in nature. The petitioners are accused in one prior case which was also lodged by the same informant and in which he is on bail.

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, Banka, in connection with Bounsi P.S. Case No. 88/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and

Patna High Court CR. MISC. No.62946 of 2019(2) dt.17-10-2019 2/2 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