IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67357 of 2019
Arising Out of PS. Case No.-222 Year-2019 Thana- SAHEBPUR KAMAL District-
Begusarai
1. ANGAD YADAV Son of Late Balo Yadav Resident of Village – Naya Tola
Sahebpur Kamal, P.S.- Sahebpur Kamal, Dist.- Begusarai.
2. Shankar Yadav Son of Late Ram Kishun Yadav Resident of Village – Naya
Tola Sahebpur Kamal, P.S.- Sahebpur Kamal, Dist.- Begusarai.
3. Piyush Yadav son of Kantu Ray Resident of Village – Raghunathpur, P.S.-
Sahebpur Kamal, Dist.- Begusarai.
4. Chhabu Yadav Son of Ravindra Ray @ Ravindra Yadav Resident of Village –
Raghunathpur, P.S.- Sahebpur Kamal, Dist.- Begusarai.
5. Sanni Yadav Son of Botal Ray Resident of Village – Raghunathpur, P.S.-
Sahebpur Kamal, Dist.- Begusarai.
6. Shah Isatiyarkur Rahman @ Shah Istakhur Rahman Son of Late Shah Jillu
Rahman @ Late Jillur Rahman Resident of Village – Lakhminia, P.S.- Ballia,
Dist.- Begusarai.
… … Petitioner/s
Versus
THE STATE OF BIHAR
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr.Viveka Nandsingh
For the Opposite Party/s : Mr.Ashraf Ansari
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
2 06-11-2019 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest for the
offences alleged under Sections 147, Section341, Section323, Section307, Section354(B), Section504
and Section506 of the Indian Penal Code, including Section 27 of the
Arms Act, registered in connection with S.Kamal P.S.Case No.
222 of 2019.
3. It is submitted that the petitioners have been falsely
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implicated in the backdrop of land dispute between the parties.
The accusation of firing by the petitioners is general and
omnibus and in any event not corroborated in absence of any
injury report as no one has sustained injury. The omnibus
accusation under Section 354 IPC is mere embellishment. The
petitioner nos. 2 to 6 claim clean antecedents, while the
petitioner no.1 is accused in one prior case in which he is on
bail.
4. Be that as it may, in the event of petitioners’ arrest
or surrender before 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 bonds of Rs. 10,000/-(ten
thousand) each, with two sureties of the like amount each, to
the satisfaction of learned Chief Judicial Magistrate, Begusarai
in connection with S.Kamal P.S.Case No. 222 of 2019, 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
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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, their
bail bonds shall be liable to be cancelled by the learned Court
concerned.
(Vikash Jain, J)
HR/-
U T