Rahul Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20317 of 2018 Arising Out of PS.Case No. -339 Year- 2017 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Rahul Kumar, S/o Moti Mahto,

2. Moti Mahton, S/o Shambhu Mahto,

3. Jagdish Mahton S/o Shambhu Mahto, All R/o Village- Barauni-3, P.S.- Teghra, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Teghra P.S.Case No.339 of 2017 , registered for offences punishable under Sections 341, 323, 354, 307, 379 and 504/34 of the Indian Penal Code.

There is allegation against the petitioner and other accused persons of assault to the informant causing injury. Submission of the learned counsel for the petitioners is that allegation of assault is not against the petitioner rather on some other accused persons 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.20317 of 2018 (2) dt.25-04-2018 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 C.J.M., Begusarai in connection with Teghra P.S.Case nO.339 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