Patna High Court - Orders
Guddu Das & Ors. vs The State Of Bihar on 7 February, 2012
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
Patna High Court Cr.Misc. No.44636 of 2011 (2) dt.07-02-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44636 of 2011
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1. Guddu Das son of Mahesh Das
2. Mahesh Prasad Das @ Mahesh Das, son of Late Kuldeep Das
3. Santosh Kumar Das @ Santosh Das, son of Mahesh Das.
4. Sadanand Lal @ Sadanand Das son of Amant Lal Das.
5. Uma Kant Yadav son of Late Basudeo Prasad Yadav
6. Rajesh Bhagat son of Late Ganesh Prasad Jaiswal
7. Rahul Kumar @ Rahul Yadav son of Uma Kant Yadav
8. Bhola Yadav, son of Late Faku Yadav
9. Vikas Yadav son of Bhola Yadav.
.... .... Petitioners
Versus
The State Of Bihar
.... .... Opposite Party
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CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
ORAL ORDER
2 07-02-2012Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.
The petitioners, apprehend their arrest in connection with Complaint Case No. 131 of 2009 for the offence punishable under Sections 147, 148, 149, 323 and 379 of the Indian Penal Code, pending in the Court of Chief Judicial Magistrate, Purnea, are named accused in this case being proceeded on protest complaint arising out of Sadar P.S. Case No. 302 of 2008 instituted on the basis of Complaint Case No. 1704 of 2008 with allegation of assult, abuse etc. Submission is of false implication and after investigation the Police found no material and submitted final form which was accepted. Further, the case is also squarely covered under a decision of Hon'ble Apex Court in a case of "Jorgia Pentiah Vs. State of Andhra Pradesh" reported in 2009 (1) BCCR 153 (SC).
Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above Patna High Court Cr.Misc. No.44636 of 2011 (2) dt.07-02-2012 named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea, in connection with Complaint Case No. 131 of 2009, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.
(Akhilesh Chandra, J) Saif/-