Prakash Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3578 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- OBRA District- Aurangabad ======================================================
1. Prakash Kumar s/o. Sri Ran Vijay Singh r/o. Village - Adrauli Tola Bin Bigha, P.S. - Obra, District Aurangabad
2. Virendra Paswan, s/o. Rajendra Paswan, r/o. Village - Kharanti, P.S. - Obra, Dist. Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anirudh Kumar Verma For the Opposite Party/s :
Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. As prayed, learned counsel for the petitioners is permitted to make necessary correction in respect of father's name and name of village of petitioner no. 1 in the cause title, in course of the day.
2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 307, 353, 332, 427, 504 IPC registered in connection with Obra P.S. Case No. 233 of 2018.
3. It is submitted that the petitioners have been falsely implicated in connection with mob violence for which an FIR has been instituted against as many as 29 named persons and 50-60 unknown persons. The accusations against the petitioners are general and omnibus in nature. Similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 77615 of 2018 and Cr. Misc. No. 78021 of 2018. The petitioners claim clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances, 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
Patna High Court Cr.Misc. No.3578 of 2019(2) dt.25-01-2019 2/2 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 SDJM, Daudnagar, Aurangabad, in connection with Obra P.S. Case No. 233 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