Jai Prakash Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67506 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- LAXMIPUR DistrictJamui ======================================================

1. Jai Prakash Sah Son of Ramdas Sah

2. Manish Kumar Sah S/o Jai Prakash Sah

3. Mina Devi W/o Jai Prakash Sah

4. Pratibha Devi W/o Manish Kumar Sah All Resident of Najari,P.S. Laxmipur, Distt.-Jamui ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Satya Prakash Parasar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-01-2019 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, 308, 504/34 of the Indian Penal Code registered in connection with Laxmipur P.S. Case No. 95 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the accusations of assault are general and omnibus in nature without any specific assault being attributed to any of the petitioners. The injuries are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, 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

Patna High Court Cr.Misc. No.67506 of 2018(3) dt.29-01-2019 2/2 Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Jamui in connection with Laxmipur 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioners shall cooperate 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 petitioner nos. 1 and 2 shall remain physically present and petitioner nos. 3 and 4 shall be well represented 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) Ibrar/BT U