Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12234 of 2016 Arising Out of PS.Case No. -280 Year- 2015 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Anil Singh son of Ram Badan Singh resident of Village : Semari Dih, P.S.: Dinara, District : Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. P.K. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 302 and 201 of the I.P.C and section 27 of the Arms Act.

Allegedly, the petitioner and other FIR named accused persons along with three unknown came, got down the informant and his father from the cycle, co-accused Shiv Govind Singh shot the father of the informant in the left side of his chest resulting the father of the informant fell down and the informant started fleeing away but in the mean time Omprakash Rai, the cousin of the informant, came and he was shot by Dhanji Singh and thereafter Omprakash Rai was taken away on the motorcycle by the accused

Patna High Court Cr.Misc. No.12234 of 2016 (3) dt.05-05-2016 2/3 persons. The occurrence has taken place due to the land dispute. Submission is of false implication and that due to the land dispute all the family members have been implicated, as per the prosecution version the petitioner was member of the mob only and there is no specific allegation against him for causing any overtact and as such he deserves sympathetic consideration as he is suffering in custody since 17.08.2015 having no criminal antecedent.

The learned A.P.P. opposes prayer for bail by submitting that it is a case of double murder and the petitioner is named in the First Information Report.

In the facts and circumstances as stated above, considering that against the petitioner there is no allegation for committing any overtact and he was simply a member of the mob and as such considering his detention, now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional District & Sessions Judge, Rohtas at Sasaram in S.Tr. No. 710 of 2015 arising out of Dinara P.S. Case No. 280 of 2015/ G.R. No. 993 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of

Patna High Court Cr.Misc. No.12234 of 2016 (3) dt.05-05-2016 3/3 the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T