Saheb Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52881 of 2018 Arising Out of PS.Case No. -216 Year- 2018 Thana -ALOULI District- KHAGARIA ======================================================

1. Saheb Chaudhary

2. Ram Lakhan Chaudhary

3. Ranjit Chaudhary All sons of Late Umesh Chaudhary, All residents of Village- Shumbha, Police Station- Alauli, District- Khagaria.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Binay Kumar, Advocate For the Opposite Party : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2018 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, 448, 341, 323, 307, 379 and 354(B) of the Indian Penal Code registered in connection with Alauli P.S. Case No. 216 of 2018.

3. It is submitted that the petitioners have been falsely implicated as there is case and counter case between the parties. Injuries are simple in nature. The petitioners have been falsely implicated in two other cases by the same informant which itself shows falsity of the accusation.

4. Having regard to the entirety of the facts and circumstances of the case, 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

Patna High Court Cr.Misc. No.52881 of 2018 (2) dt.20-09-2018 2/2 released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 216 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relative other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioners shall cooperate with the investigation 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) That 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) B.T/- U T