Chokat Ram And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.55451 of 2018 (2) dt.06-10-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55451 of 2018 Arising Out of PS.Case No. -149 Year- 2018 Thana -VIJAYEPUR District- GOPALGANJ ======================================================
1. Chokat Ram Son of Late Brijhan Ram Resident of Village - Bharpurwa, P.S. - Viyaypur, District - Gopalganj, Bihar.
2. Ravindra Ram Son of Chokat Ram Resident of Village - Bharpurwa, P.S. - Vijaypur, District - Gopalganj, Bihar.
3. Subhas Ram Son of Chokat Ram Resident of Village - Bharpurwa, P.S. - Vijaypur, District - Gopalganj, Bihar.
4. Manish Ram Son of Chokat Ram Resident of Village - Bharpurwa, P.S. - Vijaypur, District - Gopalganj, Bihar.
5. Mukesh Ram Son of Chokat Ram Resident of Village - Bharpurwa, P.S. - Vijaypur, District - Gopalganj, Bihar.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brisketu Sharan Pandey, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend theitr arrest for the offences alleged under Sections 188, 353 and 447 IPC registered in connection with Vijaypur P.S. Case No. 149 of 2018.
3. It is submitted that the petitioner has been falsely implicated and there is no specific accusation against these petitioners, which are general and omnibus in nature. Similarly situated co-accused persons have been granted anticipatory bail by the learned Court below in ABP No. 1401 of 2018.
4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners arrest or
Patna High Court Cr.Misc. No.55451 of 2018 (2) dt.06-10-2018 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 A.C.J.M. IV, Gopalganj in connection with Vijaypur P.S. Case No. 149 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 shall be a close relative of the petitioners.
(ii) That the petitioner 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 bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T