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Patna High Court – Orders
Babita Devi & Ors vs The State Of Bihar on 19 August, 2011
                                Cr.Misc. No.24977 of 2011
                   1. Babita Devi wife of Randhir Singh.
                   2. Gulshan Kumar @ Gulshan Kumar Singh son of Sudhir Singh.
                   3. Kundan Kumar @ Kundan Kumar Singh son of Krishna Singh.
                   4. Chandan Kumar @ Chandan Kumar Singh son of Krishna Singh.
                   5. Krishna Singh son of late Jegeshwar Singh.
                   6. Baskrit Singh @ Baskit Singh son of late Jugeshwar Singh.
                       All residents of Village-Shekhpura, P.S.-Gaurichak, District-Patna.
                   7. Shailesh Kumar @ Shailesh Kumar Singh son of Kishori Singh,
                       resident of Village-Khusiyalpur, P.S.-Khizarsarai, District-Jehanabad.
                       The State Of Bihar.
                                                                          .........Opposite Party

02 19.08.2011 Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State.

All the seven petitioners apprehend their arrest, in

connection with Gaurichak P.S. Case No. 81 of 2011, for the offences

punishable under Sections 341, 323, 448, 504 and 506/34 of the Indian

Penal Code and Sections 25 (1-b) A/26/27 of the Arms Act, pending in

the court of Additional Chief Judicial Magistrate, Patna City, are named

accused in this case with the allegation of assaulting prosecution side

when they are escape and earlier unsuccessful attempt made by

petitioner no. 5 and other co named accused (non-petitioners) none

sustained injury and the gun said to have been attempted to be used in

the occurrence was also in custody of non-petitioners and was snatched

by villagers and produced to the police.

Considering the general nature of allegation arising out of

election rivalry, in the event of their arrest/surrender before the court

below within four weeks, let the above 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 the

Additional Chief Judicial Magistrate, Patna City, in connection with

Gaurichak P.S. Case no. 81 of 2011, subject to condition laid down

under Section 438(2) of the Criminal Procedure Code with additional

condition to petitioner nos. 2 to 7 (male members) to remain physically

present before the court below on each and every date at least for two

years of till disposal of the case, whichever is earlier, 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.)

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