Tejo Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1963 of 2020 Arising Out of PS. Case No.-208 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.

Tejo Sada Son of Parmeshwari Sada Resident of Village-Madhura, P.S.-Sour Bazar, District-Saharsa.

2.

Chhotelal Sada Son of Late Sardar Sada Resident of Village-Madhura, P.S.- Sour Bazar, District-Saharsa.

3.

Laxmi Devi Wife of Parmeshwari Sada Resident of Village-Madhura, P.S.- Sour Bazar, District-Saharsa.

4.

Jai Mala Devi Wife of Kuldeep Sada Resident of Village-Madhura, P.S.-Sour Bazar, District-Saharsa.

5.

Leela Devi Wife of Tejo Sada Resident of Village-Madhura, P.S.-Sour Bazar, District-Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, 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 Sour Bazar P.S. Case No. 208 of 2018, registered for the offence punishable under Sections 341, 323, 324, 379, 307 and 34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. There is case and counter case. The present case is counter blast of Sour

Patna High Court CR. MISC. No.1963 of 2020(2) dt.25-02-2020 2/3 Bazar P.S. Case No. 215 of 2018 which is lodged by brother of petitioner no. 1 namely, Suresh Sada against the informant and others. There is general and omnibus allegation against these petitioners. Specific allegation of assault by means of Farsa is against co-accused Kuldeep Sada. 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 Judicial Magistrate Ist Class, Saharsa in connection with Sour Bazar P.S. Case No. 208 of 2018, 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

Patna High Court CR. MISC. No.1963 of 2020(2) dt.25-02-2020 3/3 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 liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T