Kamdeo Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75575 of 2018 Arising Out of PS. Case No.-654 Year-2018 Thana- BANKA District- Banka ======================================================

1. Kamdeo Sah

2. Ramdeo Sah Both Sons of Rajendra Sah

3. Dharmendra Sah @ Dharmendra Kumar Son of Nand Kishore Sah All Resident of Village-Gauripur (Dadhari),P.S. Banka,Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Singh, Advocate For the Opposite Party/s :

Mr. Sri Ramchandra Sahani (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Banka P.S. Case No. 654 of 2018 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. Informant has alleged that F.I.R. named accused entered her house and started abusing and thereafter assaulted her family members and also threatened to kill them. It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They have been falsely implicated in this case. There is case and counter case, the nature of injury as enclosed in Annexure-4 are

Patna High Court Cr.Misc. No.75575 of 2018(2) dt.18-12-2018 2/2 simple in nature. They have no criminal antecedent and are in custody since 27.09.2018 Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case No. 654 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Rajiv/- U T