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Patna High CourtCR. MISC./36536/2018bail granted

Lalu Kumar @ Jitendra Kumar @ Lallu Kumar And ORS v. The State Of Bihar

2018-07-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36536 of 2018 Arising Out of PS.Case No. -73 Year- 2018 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Lalu Kumar @ Jitendra Kumar @ Lallu Kumar

2. Uday Kumar @ Uday Sao

3. Vinay Sao All sons of Vishun Sao Resident of Mohalla - Sonarpatti, P.S. - Pakribarawan, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Pakribarawan P.S.Case nO.73 of 2018 , registered for offences punishable under Sections 341, 323, 427, 447, 448, 307, 354, 379, 504/34 of the Indian Penal Code.

Allegation against the petitioners is of causing injury to the informant and his daughter-in-law.

Submission of the learned counsel for the petitioners is that the occurrence took place with respect to a trivial issue due to the motorcycle accident, there is scuffle and there is allegation of assault but the injuries are found to be simple in nature. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.36536 of 2018 (3) dt.23-07-2018 2/2 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sri Kumar Avinash, J.M. 1st class, Nawada in connection with Pakribarawan P.S.Case No.73 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T