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Patna High CourtCR. MISC./65903/2019bail granted

Guddu Kumar v. The State Of Bihar

2019-11-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65903 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- THARTHARI DistrictNalanda ====================================================== 1.

GUDDU KUMAR Son of Mundrika Yadav Resident of Village-Narari, Police Station-Tharthari, District-Nalanda.

2.

Harinandan Yadav Son of Chandradeep Yadav Resident of Village-Narari, Police Station-Tharthari, District-Nalanda.

... ... Petitioners

Versus

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

For the Petitioner :

Mr. Dharmesh Kumar, Advocate.

For the Opposite Party:

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 504, 506, 379/34 of the Indian Penal Code registered in connection with Tharthari P.S. Case No. 68 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties. The petitioners are said to have assaulted Raushan Kumar but however a specific statement is made in para 9 of the petition that the injuries are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, 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 released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.65903 of 2019(2) dt.04-11-2019 2/2 Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Tharthari P.S. Case No. 68 of 2019, 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 petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate 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) 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) Ibrar//- U T