Sunil Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6613 of 2019 Arising Out of PS. Case No.-270 Year-2018 Thana- BAKHARI District- Begusarai ======================================================

1. Sunil Singh, aged about 55 years, Male, son of Late Avadh Singh

2. Nitish Singh @ Nitish Kumar Singh, aged about 30 years, Male Son of Sunil Singh Both resident of Village - Mohanpur, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar Thakur For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 379/34 of the Indian Penal Code. Though allegation is against both the petitioners to have caused injury with Farsa resulting in cut injury at the head of the informant but the Doctor has found single sharp cut wound on the right side of the forehead, simple in nature. Submission is that the petitioners have got no criminal antecedent and it is difficult to attribute as to who of two petitioners had caused the single head injury. In other words, the prosecution allegation is not corroborated by medical evidence.

Patna High Court Cr.Misc. No.6613 of 2019(2) dt.05-02-2019 2/2 Finding substance in the submission aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bakhri Police Station Case No. 270 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/Rajan U T