Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19218 of 2012 ====================================================== 1.Santosh Kumar 2. Vikash Kumar, both sons of Chhote Lal Prasad 3. Chhote Lal Prasad, son of Puna Mahto, all resident of Mohalla Mangla Nagar (Ram Chandrapur) P.S. Laheri, District-Nalanda. 4. Sunil Kumar (son-in-law) of Chhote Lal Prasad), son of Ramadhin Prasad, resident of Village_Ratanpura, P.S. Silao, District- Nalanda. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. A.A. Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 21-05-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in connection with Laheri P.S. Case No.41 of 2012 for the offences punishable under [STATUTE] and 27 of the Arms Act. From the First Information Report it appears that the petitioners came to the house of the informant and demanded money and when the same was refused petitioner no.1 hit with the butt of the revolver on Amarjit and others have assaulted with lathi. It has been further alleged that petitioner no.1 took out Rs.3000/- from the pocket of Patna High Court Cr.Misc. No.19218 of 2012 (2) dt.21-05-2012 2 / 3 2 Vishwajit Kumar. Learned counsel for the petitioners submits that petitioner no.3 and 4 have clean antecedent and with respect to petitioner nos. 1 and 2 one day before the occurrence a similar type of case has been lodged against them. He further submits that petitioners are neighbour of the informant and they have been falsely implicated in this case. It has been further submitted that all the injuries are simple in nature. Under the circumstances, in the event of arrest or surrender within four weeks from toady the abovenamed petitioners are directed to be released on anticipatory bail on their furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,Nalanda at Biharsharif inconnection with Laheri P.S. Case No. 41 of 2012 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure and (i) that one of the bailors will be close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are Patna High Court Cr.Misc. No.19218 of 2012 (2) dt.21-05-2012 3 / 3 3 not accused in any other case and if they are, they shall not be released on bail. (iii) the balior shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and shall be present on the date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail bonds will be liable to the cancelled for the reasons of misuse, and (v) that the petitioners will be well represented on each and every date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.