Basudeo Choupal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43493 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -BAHERA District- DARBHANGA ======================================================

1. Basudeo Choupal, Son of Late Budhan Choupal,

2. Sudhir Choupal, Son of Hari Lal Choupal, Both are resident of VillageBatho, P.S. Bahera, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Bahera P.S.Case No.07 of 2018 , registered for offences punishable under Sections 147,1 48, 149,114, 341, 324,307 and 379 of the Indian Penal Code.

Allegation against the petitioner no.1 is of assault by rod and against the petitioner of assault by farsa. Submission of the learned counsel for the petitioners is that 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 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a

Patna High Court Cr.Misc. No.43493 of 2018 (3) dt.25-08-2018 2/2 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 ACJM, Benipur, Darbhanga in connection with Bahera P.S.Case no.07 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