Ujawal Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44555 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- KHUDAGANJ District- Nalanda ======================================================

1. Ujawal Kumar, Son of Malu Singh @ Dharmendra Singh,

2. Vishal Kumar, Son of Malu Singh @ Dharmendra Singh, Both resident of Village- Kewali, P.S.- Khudaganj, District- Nalanda, Bihar ... Petitioners

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Amrendra Kumar Singh, Adv.

For the Opposite Party :

Mr. Rajendra Prasad Nat, APP 123 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 Heard the learned counsel for the petitioners. The petitioners are apprehending their arrest in connection with Khudaganj P.S. Case No. 35 of 2018 registered for offences punishable under Sections 341, 323, 307, 324 and 34 of the Indian Penal Code.

Allegation against the petitioners and other accused persons is of assault to the informant and his father. Submission of the learned counsel for the petitioners is that there is case and counter case, no specific allegation has been attributed and moreover injuries are either simple or opinion has been kept reserved, but, that is not on the vital part of the body.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, named above, in the event of arrest or surrender before the Court below, within

Patna High Court Cr.Misc. No.44555 of 2018(2) dt.30-07-2018 2/2 a period of six weeks from the date of order, be released on bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty-five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hilsa, Nalanda at Biharsharif, in connection with Khudaganj P.S. Case No. 35 of 2018 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as with following conditions :

(I) One of the bailors of each 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 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 his/their bail bond(s). With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Shamshad/- U T