Omprakash Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17768 of 2018 Arising Out of PS.Case No. -220 Year- 2017 Thana -BELDAUR District- KHAGARIA ======================================================
1. Omprakash Singh Son of late Bhikhan Singh Resident of VillagePansalwa, Police Station- Beldour, District- Khagaria.
2. Chandra Kishore Singh Son of late Gunjan Singh Resident of VillagePansalwa, Police Station- Beldour, District- Khagaria.
3. Bijendra Kumar@ Bijo Son of Sri Bimal Singh Resident of VillagePansalwa, Police Station- Beldour, District- Khagaria.
4. Labbu Singh Son of late Gunjan Singh Resident of Village- Pansalwa, Police Station- Beldour, District- Khagaria.
5. Bimal Singh Son of late Gunjan Singh Resident of Village- Pansalwa, Police Station- Beldour, District- Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bharat Bhushan For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Beldour P.S.Case nO.220 of 2017 dated 1.11.2017 arising out of G.R.No.3131 of 2017 , registered for offences punishable under Sections 147, 148, 149, 323, 379, 307, 427, 354 and 448 of the Indian Penal Code.
Allegation against the petitioners is that they have assaulted the informant causing injury.
Submission of the learned counsel for the petitioners is that as a matter of fact theer was dispute with respect to a piece of land and with respect to the Handpump and for that scuffle took place.
Patna High Court Cr.Misc. No.17768 of 2018 (3) dt.26-06-2018 2/2 They are Gotia and the injuries are 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 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 Assistant Chief Judicial Magistrate 3rd, Khagaria in connection with Beldaur P.S.Case no.220 of 2017 dated 1.11.2017 arising out of G.R.No.3131 of 2017, 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