Mirtunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.542 of 2020 Arising Out of PS. Case No.-1177 Year-2018 Thana- SONEPUR District- Saran ====================================================== 1.

Mirtunjay Kumar Son of Deosharan Rai 2.

Rahul Kumar Son of Late Bigu Rai 3.

Rohit Kumar Son of Late Bigu Rai All are residents of Minnik Tola Dudhaula, P.S.- Sonepur, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148, 149, 447, 341, 323, 307, 302, 504 and 109 of the Indian Penal Code and section 27 of the Arms Act.

It has been submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. It has further been submitted that specific allegation has been levelled against co-accused Pramod Kumar Rai. It has further been submitted that the petitioners are only member of the mob. It has further been submitted that final report against these petitioners has already been submitted. So far as petitioner nos.

Patna High Court CR. MISC. No.542 of 2020(2) dt.18-02-2020 2/2 2 and 3 are concerned, they have got no criminal antecedent. Learned counsel for opposite party opposes the prayer for bail of the petitioners and submits that the specific allegation is against these petitioners.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran in connection with Sonepur P.S. Case No. 1177 of 2018 on the following conditions:-

(1) 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T