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Judgment
Heard Mr. Upendra Kumar Singh, learned counsel for the petitioners and Mr. Chandra Sen Prasad Singh, learned Additional Public Prosecutor
(hereinafter referred to as the ‘APP’) for the State.
The petitioners apprehend arrest in connection with Masharak PS Case No. 88 of 2020 dated 18.02.2020, instituted under Sections 188 and 353 of
the Indian Penal Code.
The allegation against the petitioners is that they tried to create obstruction in the construction of Anganbari Sevika Kendra on the land of the
informant.
Learned counsel for the petitioners submitted that the informant is the Mukhiya and had abused her position and because the petitioners were
opposed to her, she has falsely made the allegation. It was further submitted that the father of the petitioners has filed title suit with regard to the same
land against the informant which is still pending. Learned counsel submitted that even as per the FIR, no overt act is alleged and only a bald statement
has been made that they tried to create obstacle in the construction. It was further submitted that the petitioners have no other criminal antecedent.
Learned APP submitted that the petitioners tried to create obstacle in construction.
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-VI, Chapra at Saran in Masharak PS Case No. 88
of 2020, 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 bailors shall execute bond with regard to good behaviour of the petitioners and they shall
co-operate with the police/prosecution and the Court. Any violation of the terms and conditions of the bonds or failure to co-operate shall lead to
cancellation of their bail bonds.
The application stands disposed off in the aforementioned terms.