PATNA, India, May 29 -- Patna High Court issued the following order on May 1:
Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Alauli P.S. Case No. 533 of 2024 dated 25.12.2024 registered for the offences punishable under Sections 191(2), 126(2), 115(2), 303(2), 109, 117(2) and 351(2) of B.N.S.
3. As per allegation, on account of land dispute, altercation took place between the informant and accused side leading to injuries on both sides and filing of case and counter case. The counter case filed by the petitioner side bears Alauli P.S. Case No. 5108001240536 dated 25.12.2024.
4. learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case.
5. It is also stated in paragraph No. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner No. 1 has been made accused in another case in which he is on bail whereas petitioner Nos. 2 to 8 have no criminal antecedents.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. In view of case and counter case and injuries on both sides, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned court below in connection with Alauli PS. Case No. 533 of 2024, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
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