Vijay Srivastava And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53357 of 2018 Arising Out of PS.Case No. -98 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================
1. Vijay Srivastava, S/o Late Ram Naresh Sharan, R/o Gandhi Nagar, P.S.- Aurangabad, District- Aurangabad (Bihar).
2. Dheeraj Pandey S/o Sri. Yagya Narayan Pandey, R/o Vill.- and Post Office - Deo , P.S.- Deo, District- Aurangabad (Bihar).
3. Subodh Kumar Pandey, S/o Late Mohan Murari Pandey, R/o Gandhi Nagar, P.S.- Aurangabad, District- Aurangabad (Bihar). .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Saket Gupta, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153(A), 295(A), 379, 120-B of the Indian Penal Code registered in connection with Town P.S. Case No. 98 of 2018.
3. It is submitted that the petitioner has been falsely implicated as evident from the fact that multiple F.I.R. has been instituted in respect of the same occurrence. The allegations
against the petitioners are general and omnibus in nature and no injury report has been brought on record. Similarly situated coaccused persons namely Rakesh Kumar Singh, Anil Kumar Singh @ Anil Singh, Babar @ Md. Abdullah, Ujjawal Kumar @ Ujjawal Kumar Singh have been granted bail by this Court.
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 Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Town P.S. Case No. 98 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) 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 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.
(Vikash Jain, J) Md. Ibrarul/- U T