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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44589 of 2018 Arising Out of PS. Case No.-80 Year-2016 Thana- PHENHARA District- East Champaran ======================================================

1. Manish Singh @ Manish Kumar Singh

2. Awnish Singh alias Awanish Kumar Singh Both sons of Lalan Singh

3. Raju Singh Son of Wakil Singh All residents of village - Parshurampur, P.S. - Fenhara, District - East Champaran, Bihar ... Petitioners

Versus

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

For the Petitioners :

Mr. Yashraj Bardhan, Adv.

For the Opposite Party :

Mr. Akshay Lal Pandit, APP 75 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 Heard the learned counsel for the petitioners. The petitioners are apprehending their arrest in connection with Fenhara P.S. Case No. 80 of 2016 registered for offences punishable under Sections 143, 341, 323, 379 and 504/34 of the Indian Penal Code.

Allegation against the petitioners is of assaulting the informant. Later on charge sheet under Section 354B of the Indian Penal Code has also been added.

Submission of the learned counsel for the petitioners is that there is no allegation to disclose the case under Section 354B of the Indian Penal Code and other allegations are general in nature.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, named above, in the event of arrest or surrender before the Court below, within

Patna High Court Cr.Misc. No.44589 of 2018(2) dt.30-07-2018 2/2 a period of six weeks from the date of order, be released on bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty-five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, XII, East Champaran at Motihari, in connection with Fenhara P.S. Case No. 80 of 2016 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as with following conditions :

(I) One of the bailors of each 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 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 his/their bail bond(s). With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Shamshad/- U T