Shashi Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48394 of 2018 Arising Out of PS.Case No. -98 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Shashi Kumar, Son of Pramod Singh, Resident of Mohalla- Satendra Nagar, P.S. Town Aurangabad, District- Aurangabad.

2. Prithvi Singh, Son of Binod Prasad Singh @ Upendra Singh, Resident of Village + P.S. Madanpur, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Aurangabad Town P.S.Case no.98 of 2018 , registered for offences punishable under Sections 247, 148, 149, 337, 323, 435, 436, 427, 307, 332, 295A, 333, 353,153A, 379 & 120B of the Indian Penal Code.

Allegation against the petitioners and other accused persons is that they created arson and brick batting on the occasion of Ramnavmi.

Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against them and though they are named in the FIR.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48394 of 2018 (2) dt.24-08-2018 2/2 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, Aurangabad in connection with Aurangabad Town P.S.Cae no.98 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