Ashok Prasad @ Ashok Kumar And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.53018 of 2018 (2) dt.20-09-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53018 of 2018 Arising Out of PS.Case No. -518 Year- 2018 Thana -BIHTA District- PATNA ======================================================
1. Ashok Prasad @ Ashok Kumar, S/o Late Shyam Bihari Rai,
2. Baiju Prasad @ Baijnath Prasad,
3. Akhilesh Kumar @ Kallu Prasad @ Kallu, both are S/o Late Sadhu Rai
4. Lal Babu Prasad S/o Late Bachchan Rai,
5. Kameshwar Prasad S/o Late Shivratan Rai
6. Renu Kumar, S/o Sri Kameshwar Prasad
7. Dharmendra Kumar @ Kausa S/o Sri Hajari Rai, All are R/o Vill.- Chiraniyantand P.S.- Bihta in the District of Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Adv For the Opposite Party/s : 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, 354, 341, 323, 307 and 427 IPC and Section 27 of the Arms Act registered in connection with Bihta P.S. Case No. 518 of 2018.
3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties. The parties are neighbours and there is land dispute between them. The FIR has been instituted against as many as 13 named and 10-12 unknown persons.
4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners arrest or
Patna High Court Cr.Misc. No.53018 of 2018 (2) dt.20-09-2018 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 A.C.J.M. Ist, Danapur, Patna in connection with Bihta P.S. Case No. 518 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, ther bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T