Sri Ram Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19024 of 2018 Arising Out of PS.Case No. -395 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Sri Ram Pandey, S/o Late Harihar Pandey,

2. Sonu Kumar @ Sonu Pandey S/o Sri Ram Pandey,

3. Suresh Chaudhary S/o Late Halkhori Chaudhary,

4. Dilip Chaudhary S/o Suresh Chaudhary, All are R/o Village- Alampur, P.S.- Shivsagar (Baddi), District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashutosh Tripathy For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Shivsagar (Baddi) P.S.Cae No.395 of 2017 , registered for offences punishable under Sections 341, 323, 324, 379, 307/34 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant causing injuries.

Submission of the learned counsel for the petitioners is that there is delay in lodging the FIFR and further there is only one injury on the person of the informant though it is alleged that all the accused persons have assaulted him and there is case and

Patna High Court Cr.Misc. No.19024 of 2018 (3) dt.08-05-2018 2/2 counter case between the parties also.

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 CJM, Rohtas at Sasaram in connection with Shivsagar (Baddi) P.S.Case nO.395 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