Birendra Gond And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40381 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Birendra Gond

2. Sharmendra Gond Both Sons of Lopi Chandra Gond Resident of Village - Pakargavan, Police Station - Bagha,District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Bagaha P.S.Case no.97 of 2018 , registered for offences punishable under Sections 147, 149, 323, 324, 307 and 504 of the Indian Penal Code.

Allegation against the petitioners and other accused persons is of assault to the informant and others causing injury and the occurrence took place with respect to construction of pucca construction in land of the informant.

Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners and the injuries are simple in nature and there is land dispute

Patna High Court Cr.Misc. No.40381 of 2018 (2) dt.12-07-2018 2/2 between the parties.

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 ACJM-1st, Bagaha, West Chamapran in connection with Bagaha P.S.Case no.97 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