Sarwan Prajapati @ Shrawan Kumar @ Shrawnaw Kumar And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.55175 of 2018 (2) dt.06-10-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55175 of 2018 Arising Out of PS.Case No. -95 Year- 2018 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================
1. Sarwan Prajapati @ Shrawan Kumar @ Shrawnaw Kumar, S/o Vijaymal Prajapati,
2. Wakil Prajapati S/o Vijaymal Prajapati,
3. Vijaymal Prajapati S/o Ram Janam Prajapati,
4. Bihari Prajapati S/o Ram Janam Parjapati,
5. Kamlesh Prajapati S/o Rameshwar Prajapati,
6. Bimlesh Prajapati S/o Rameshwar Prajapati,
7. Rameshwar Prajapati @ Rameshwara Prajapati S/o Subhag Prajapati, All R/o Vill.- Sendura, P.S.- Chand, Distt.- Kaimur (Bhabhua). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Nath Singh Yadav, Adv For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504, 506 IPC registered in connection with Chand P.S. Case No. 95 of 2018.
3. It is submitted that the petitioners have been falsely implicated and in any event there is case and counter case between the parties. The present FIR has been instituted only in order to put pressure upon the petitioners to compromise the case of murder pending against the informant's side. Though the injuries are severe in nature, the same are on non-vital parts of the body.
Patna High Court Cr.Misc. No.55175 of 2018 (2) dt.06-10-2018
4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.IV, Kaimur at Bhabua, in connection with Chand P.S. Case No. 95 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T