Ambika Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9373 of 2016 Arising Out of PS.Case No. -113 Year- 2015 Thana -DHANSOI District- BUXAR ======================================================

1. Ambika Singh S/o Late Ramdhari Singh

2. Ramjee Singh

3. Bharat singh

4. Laxman Singh, Two to four are sons of Vakil Singh, All are resident of village- Jivpur, P.S.- Dhansoi, District- Buxar .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rang Nath Choubey, Advocate For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

Petitioners seek bail in connection with Dhansoi P.S. Case No. 113 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504 and 302 of the Indian Penal Code.

Allegedly, the petitioners and other co-accused surrounded Subhash Singh, co-accused Jamuna Singh gave order to kill him and then co-accused Mantu Singh @ Gautam assaulted Subhash Singh with Farsa on his head and when he fell down, co accused Santosh Singh assaulted him with sword on his leg and co-accused Budhdeo Singh assaulted him with spear. Submission is of false implication and that only

Patna High Court Cr.Misc. No.9373 of 2016 (3) dt.25-04-2016 2/2 allegation against the petitioners is that they were members of the mob, in this case similarly situated other co-accued, namely, Kawalpati Singh, Yamuna Singh, Anil Singh and Hari Muni Singh @ Tiwari Singh have already been allowed bail by another coordinate Bench of this Court vide Cri. Misc. No. 8752 of 2016 and, as such, the petitioner also deserve sympathetic consideration to which the learned A.P.P. does not dispute. In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Dhansoi P.S. Case No.

113 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.