IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27191 of 2011
1. Nagendra Singh @ Nagendra Kumar Singh, son of Binod
Singh
2. Onkar Singh, son of Ramashray Singh
3. Gaya Thakur, son of Jhari Thakur
4. Munna Sharma @ Munna Thakur, son of Gaya Thakur,
All resident of village - Bandi Chak, P.S. - kawakole,
District - Nawadah.
--------- Petitioners.
Versus
The State of Bihar ----Opposite Party
*****
02 06.09.2011 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
All the four petitioners, apprehending their
arrest in connection with Trial no. 1358/2009 arising
out of Kawakole P.S. Case No. 89/2007, pending in the
court of Sri Mithilesh Kumar, Judicial Magistrate, 1st
Class, Nawadah, are named accused in this four years
old case with some general allegation of assault and
taking away some cash and kind.
Submission is that police after investigation
submitted final form though taking a different view
cognizance has been taken. However, parties have
settled their disputes and accordingly petition for
compromise has been filed duly signed by both the
sides. There is counter version also by way of
Kawakole P.S. Case No. 48/2007.
Considering the facts and circumstances of
the case, in the event of informant and others both
appearing before the court below supporting the factum
of compromise with their free will and consent without
any coercion and husband of the informant also stood
as one of the bailors, and in the event of their arrest or
surrender within a period of four weeks, let the above-
named petitioners be enlarged on bail on furnishing
bail bond of sum of Rs. 10,000/- (ten thousand only)
each with two sureties of the like amount each to the
satisfaction of Sri Mithilesh Kumar, Judicial
Magistrate, 1st Class, Nawadah, in connection with
Trial no. 1358/2009 arising out of Kawakole P.S. Case
No. 89/2007, subject to condition under section 438(2)
of the Code of Criminal Procedure, and additional
condition to attend the court regularly at least for two
years or till disposal of the case, whichever is earlier
and in the event of failure on two consecutive dates,
without any reasonable explanation, the privilege
granted shall be deemed to be cancelled.
Rajeev/ ( Akhilesh Chandra, J.)