Lal Babu @ Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1750 of 2020 Arising Out of PS. Case No.-470 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

Lal Babu @ Lal Son of Munna Resident of Loharpatti Road, Nawabganj Bagicha, Ward no. 05, P.S.- Kishanganj, Dist.- Kishanganj 2.

Md. Arif @ Arif Son of Munna Resident of Loharpatti Road, Nawabganj Bagicha, Ward no. 05, P.S.- Kishanganj, Dist.- Kishanganj 3.

Md. Ajmer @ Ajmer Son of Munna Resident of Loharpatti Road, Nawabganj Bagicha, Ward no. 05, P.S.- Kishanganj, Dist.- Kishanganj 4.

Rabiya Wife of Munna Resident of Loharpatti Road, Nawabganj Bagicha, Ward no. 05, P.S.- Kishanganj, Dist.- Kishanganj 5.

Munna Son of Late Isardil Resident of Loharpatti Road, Nawabganj Bagicha, Ward no. 05, P.S.- Kishanganj, Dist.- Kishanganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Prasad Singh, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Kishanganj P.S. Case No. 470 of 2019, registered for the offence punishable under Sections 147, 148, 149, 323, 307, 379, 504 and 506 of the Indian Penal Code.

It is submitted that petitioners have falsely been implicated in this case due to village politics. Entire family members have been made accused in this case. There is case and

Patna High Court CR. MISC. No.1750 of 2020(2) dt.25-02-2020 2/3 counter case. There is general and omnibus allegation against these petitioners. Injuries have been found simple in nature. Petitioners have got clean antecedent.

Considering the facts aforesaid, the petitioners above-named in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 470 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court CR. MISC. No.1750 of 2020(2) dt.25-02-2020 3/3 liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T