IN THE HIGH COURT OF JUDICATURE AT PATNA 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. ........Petitioners Versus 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
2
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.)
Safik