Mithun Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.55142 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55142 of 2018 Arising Out of PS.Case No. -57 Year- 2018 Thana -WARISLIGANJ District- NAWADA ======================================================

1. Mithun Kumar, S/o Ramashis Raut,

2. Pramod Kumar S/o Tanu Raut, Both resident of Vill.- Khanapur, P.S.- Warisaliganj, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : 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 341, 323, 504, 427, 308/34 IPC registered in connection with Warisaliganj P.S. Case No. 57 of 2018.

3. It is submitted that the petitioners have been falsely implicated and in any event there is no injury report to support the allegation of assault. The petitioners clam clean antecedents.

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) each with two sureties of like amount each to the satisfaction of learned A.C.J.M.II, Nawada, in connection with Warisaliganj P.S. Case No. 57/2018, subject to the conditions as laid

Patna High Court Cr.Misc. No.55142 of 2018 (2) dt.06-10-2018 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 petitionerd 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 bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T