Ajay Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.7297 of 2016 (2) dt.16-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7297 of 2016 Arising Out of PS.Case No. -220 Year- 2009 Thana -MADANPURA District- AURANGABAD ======================================================

1. Ajay Singh S/o Late Awadhesh Singh

2. Panda S/o Satyendra Singh

3. Satyendra Singh S/o Rameshwar Singh All are residents of Village - Thawai, P.S. - Madanpur, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.02.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners are named in the first information report on the accusation that they set fire on the house of the informant but after due investigation, police found accusation untrue and accordingly, submitted final form. The learned court below, having perused the materials available along with final form, took cognizance of the offence in the year 2010. Petitioners approached this court for grant of privilege of anticipatory bail under section 438 of the Cr.P.C and a coordinate bench of this court vide order dated 27.03.2012 passed in Cr. Misc. no. 8263/2012 granted privilege of anticipatory bail to the petitioners but submission on behalf of the petitioners is that the above stated order could not be communicated to the court as a result of

Patna High Court Cr.Misc. No.7297 of 2016 (2) dt.16-02-2016 which petitioners could not surrender before the court below. However, in the meantime, processes were issued against petitioners and thereafter, petitioners were remanded in this case on 24.11.2015 and since then they are languishing in jail custody. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Sri Umesh Raj, Judicial Magistrate, Ist Class, Aurangabad in Madanpur P.S. Case no. 220/2009. shahid (Hemant Kumar Srivastava,J) U T