Sohit Das @ Sohit Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73563 of 2018 Arising Out of PS. Case No.-436 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

Sohit Das @ Sohit Kumar Son of Chunchun Das.

2.

Rohit Das @ Rohit Kumar, Son of Chunchun Das. 3.

Huro Das, Son of Mahadeo Das, All residents of Village Gosaidaspur, Police Station- Nathnagar, DistrictBhagalpur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Praveen Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-03-2019 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, 325, 307, 504, 506 and 34 of the Indian Penal Code registered in connection with Nathnagar P.S. Case No. 436 of 2018.

3. It is submitted that the petitioners have been falsely implicated on account of petty dispute and there is case and counter case between the parties. The petitioners claim clean antecedents.

4. A perusal of the injury reports of victims, namely, Pawan Das, O.P. Das, and Akshay Das contained in the case diary discloses that all the injuries sustained by them are simple in nature.

5. Be that as it may, 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 bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court CR. MISC. No.73563 of 2018(4) dt.12-03-2019 2/2 satisfaction of learned Additional Chief Judicial Magistrate-1st, Bhagalpur in connection with Nathnagar P.S. Case No. 436 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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 bonds shall be liable to be cancelled by the learned Court concerned. (iv) That 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. BT/- (Vikash Jain, J) U T