Bharat Bhushan Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45746 of 2018 ======================================================

1. Bharat Bhushan Das S/o Om Prakash Das,

2. Kanchan Bhushan Das S/o Om Prakash Das,

3. Ambika Bhushan Das @ Kishan Baba S/o Om Prakash Das,

4. Lalit Kunwar S/o Lalan Kunwar, All resident of Village- Hariharpur, P.S. Baniyapur, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Pratap Singh For the Opposite Party/s : Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Baniyapur P.S.Case no.127 of 2018 , registered for offences punishable under Sections 147, 149, 341, 323, 324, 307, 326, 504, 379 of the Indian Penal Code.

Allegation against the petitioner no.1 is that he is order giver, petitioner no.2 snatched the mobile, petitioner no.3 assaulted by Dab to the informant and petitioner no.4 assaulted to the mother of the informant and breaking her teeth. Submission of the learned counsel for the petitioners is that there is case and counter case between the parties and the injuries are simple in nature.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.45746 of 2018 (2) dt.07-08-2018 2/2 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 ACJM XIth, Saran at Chapra in connection with Baniyapur P.S.Case no.127 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