Lal Babu Khan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80498 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
Lal Babu Khan, son of Lte Sattar Mian 2.
Murtaz Khan, son of Adalat Khan 3.
Arman Khan, son of Murtaz Khan 4.
Hasan Tara Khatoon, wife of Bhuttu Khan 5.
Nasima Khatoon, wife of Murtaz Khan, All of vill. Izra Upadhyay Tola, P.S. Sangrampur, Dist. East Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sangeet Deokuliar For the Opposite Party/s Mr. J.K.Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-01-2019 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, 324, 325, 379, 308 and 504 IPC registered in connection with Trial No. 2385 of 2018, arising out of Sangrampur P.S. Case No. 42 of 2018/GR Case No. 1452 of 2018.
3. It is submitted that the petitioners have been falsely implicated and there is case and counter case in connection with land dispute between the parties. Injury has been sustained only by the informant, which is simple in nature. 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
Patna High Court Cr.Misc. No.80498 of 2018(2) dt.22-01-2019 2/2 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 ACJM 14th, Motihari, East Champaran, in connection with Trial No. 2385 of 2018, arising out of Sangrampur P.S. Case No. 42 of 2018/GR Case No. 1452 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 petitioner nos. 1, 2 and 3 shall remain physically present and petitioner nos. 4 and 5 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) Chandran/- U T