Vijay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31224 of 2017 Arising Out of PS.Case No. -14 Year- 2016 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ======================================================

1. Vijay Kumar son of Late Mahavir Sah

2. Kishan Kumar son of Umesh Sah Both are residents of Village - Murgiyachak, P.S. - N.H. Bangra, District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2017 The petitioners seek regular bail in connection with N.H. Bangra P.S. Case No. 14 of 2016, registered for offences punishable under Sections 147, 148, 149, 323, 325, 324, 379, 307 and 302 of the Indian Penal Code.

Allegation against the petitioners and other co-accused persons is of assault causing death of the deceased. It has been submitted on behalf of the petitioners that there is general and omnibus allegations, levelled against the petitioners and no specific allegation has been attributed to them. Further there is case and counter case between the parties and petitioners' side has also received injuries. It has also been submitted that one co-accused having similar allegation

Patna High Court Cr.Misc. No.31224 of 2017 (2) dt.12-07-2017 2/3 has already been granted bail by this Court vide order dated 04.10.2016, passed in Criminal Miscellaneous No. 30178 of 2016 and petitioners have been in custody since 21.04.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the fact as stated above, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with N.H. Bangra P.S. Case No. 14 of 2016, subject to the 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 cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two

Patna High Court Cr.Misc. No.31224 of 2017 (2) dt.12-07-2017 3/3 consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T