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Judgment
20 paragraphs · 417 wordsHeard Mr. Rama Kant Singh, learned counsel for the petitioners and Mr. Rajeev Nayan, learned Additional Public Prosecutor (hereinafter referred
to as the ‘APP’) for the State.
The petitioners apprehend arrest in connection with Nasariganj PS Case No. 250 of 2019 dated 21.12.2019, instituted under Sections
341/323/325/308/324/504/506/34 of the Indian Penal Code.
The allegation against the petitioners is of causing injury on the informant side.
Learned counsel for the petitioners submitted that besides the allegation being general and omnibus, the parties are agnates and there was land
dispute in which both the sides entered into fight for which there is also a counter case filed on behalf of the petitioners and they have also sustained
injury. It was submitted that the injuries are simple, except for one fracture, but not on the vital part. It was further submitted that the Court below
itself has granted anticipatory bail to the accused of the counter case. Learned counsel submitted that the petitioners have no criminal antecedent.
Learned APP submitted that the petitioners have indulged in fight resulting in injury.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender
before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five
thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Bikramgajn, Rohtas (Sasaram) in Nasariganj PS
Case No. 250 of 2019, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further (i) that one of the
bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailers shall execute bond with regard to good behaviour of the
petitioners, and (iii) that the petitioners shall also give an undertaking to the Court that they shall not indulge in any illegal/criminal activity, act in
violation of any law/statutory provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds
or the undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the case and be present before the Court on each and
every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.
The application stands disposed off in the aforementioned terms.
