Binod Ojha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24219 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Binod Ojha, S/o Late Shiv Pujan Ojha,
2. Sandeep Kumar Ojha S/o Binod Ojha,
3. Purushotam Kumar Ojha @ Bablu Ojha S/o Binod Ojha, R/o Vill.- Ramgarhawa Gaw, P.S.- Ramgarhwa, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2018 The petitioners are apprehending their arrest in connection with Ramgarhwa P.S. Case No. 03 of 2018, registered for offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner no. 1 is of assault to the informant by means of knife and farsa and petitioner no. 3 opened fire, which did not hit anybody and petitioner no. 2 snatched away cash of Rs. 1 lac.
It has been submitted on behalf of the petitioners that they have false been made accused in this case and there is case and counter case between the parties and though there is allegation
Patna High Court Cr.Misc. No.24219 of 2018 (3) dt.21-06-2018 2/3 of assault but the injuries caused to the informant was found to be simple in nature and so far allegation of snatching Rs. 1 lac is concerned, the same is ornamental in nature.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Raxaul at Motihari, in connection with Ramgarhwa P.S. Case No. 03 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on
Patna High Court Cr.Misc. No.24219 of 2018 (3) dt.21-06-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T