Virendra Kumar @ Birendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 74426 of 2019 Arising Out of PS. Case No.-236 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.
VIRENDRA KUMAR @ BIRENDRA KUMAR Son of Late Bhagirath Singh Resident of Village-Tungi, P.S-Deep Nagar, District-Nalanda. 2.
Ravindra Kumar @ Ravindra Kumar Singh Son of Late Bhagirath Singh Resident of Village-Tungi, P.S-Deep Nagar, District-Nalanda. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Sudha Chandra For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioners and the learned APP for the State.
Petitioners apprehend arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 353, 337, 338, 224, 225 of Indian Penal Code read with Section 27 of Arms Act. It is submitted that merely on the basis of the statement of village Chaukidar, petitioners have been implicated. The Chaukidar himself was not present at the time of the incident. There are only general and omnibus allegations. There is no specific overt act alleged against the petitioners who were not even relatives of co-accused Ajay Singh. The allegation of firing is only against co-accused Ajay Singh. It is
Patna High Court CR. MISC. No.74426 of 2019(2) dt.25-11-2019 2/3 also brought to the notice of this Court that co-accused Ajay Singh has been allowed regular bail by this Court today in Cr Misc No 71578 of 2019. Other co-accused Nagina Singh, Arjun Singh and Sanjeet Kumar have also been allowed anticipatory bail by this Court in Cr Misc No 65341 of 2019 and Cr Misc No 69069 of 2019.
Learned APP for the State has opposed the prayer. Considering the rival submissions, petitioners' prayer for bail is allowed.
Let the petitioners above named, in the event of their arrest or surrender within four weeks from today, shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda, Biharsharif in Deepnagar Police Station Case No 236 of 2019 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code and also the following conditions:
(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.
Patna High Court CR. MISC. No.74426 of 2019(2) dt.25-11-2019 3/3
(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./- U T