Chunnu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7016 of 2020 Arising Out of PS. Case No.-137 Year-2015 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
Chunnu Singh, Son of Banka Singh, Resident of Village - K.R. Mathiya, P.S. - Sangrampur, Distt - East Champaran.
2.
Raju Singh, Son of Birendra Singh, Resident of Village - K.R. Mathiya, P.S. - Sangrampur, Distt - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Tondon, Advocate For the Opposite Party/s :
Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-06-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners are apprehending their arrest in connection with Sangrampur P.S. Case No.137 of 2015 registered for the offence punishable under Sections 341, 323,
Patna High Court CR. MISC. No.7016 of 2020(3) dt.25-06-2020 2/3 324, 307, 504, 379, 34 of the Indian Penal Code. The prosecution case is that while the informant was returning home, petitioner no.2-Raju Singh allegedly gave Farsa blow on the informant's head. The allegation against petitioner no.1-Chunnu Singh is of taking Rs.2500/- from the pocket of the informant.
Petitioner's counsel submits that there is case and counter case between the parties. The injuries sustained by the informant are simple in nature. Annexure 3 is a joint compromise petition filed by the petitioners and the informant in the court below.
Learned APP for the State has opposed the prayer for anticipatory bail. It is submitted that the petitioners are named accused.
Considering the rival submissions, this Court is inclined to allow petitioners' prayer for grant of anticipatory bail.
Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.7016 of 2020(3) dt.25-06-2020 3/3 learned A.C.J.M.-14, East Champaran, Motihari, in connection with Sangrampur P.S. Case No.137 of 2015, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions: (i) That one of the bailors of each of the petitioners will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled. (Madhuresh Prasad, J) PNM U T