Subhash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44368 of 2014 Arising Out of PS.Case No. -148 Year- 2014 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== Subhash Kumar Singh S/o - Shri Awadh Kishore Singh Resident of Village - Vyashchak, P.S. - Goraul, Distt. - Vaishali. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.44549 of 2014 Arising Out of P. S. Case No. -148 Year- 2014 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== Prabhat Kumar Singh S/O Shri Awadh Kishore Singh Resident of VillageVayas Chak, P.S.- Goraul, District- Vaishali. .... .... Petitioner

Versus

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

(In Cr.Misc. No.44368 of 2014) For the Petitioner/s : Mr. Bhubneshwar Prasad, Adv. For the Opposite Party/s : Mr. Renu Kumari, APP (In Cr.Misc. No.44549 of 2014) For the Petitioner/s : Mr. Bhubneshwar Prasad, Adv. For the Opposite Party/s : Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-03-2015 Both these applications arise out of Goraul P. S. Case No. 148 of 2014 registered for the offence punishable under Sections 341, 326, 307, 504, 34 IPC and 27 of the Arms Act, as such both these applications have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and learned

Patna High Court Cr.Misc. No.44368 of 2014 (2) dt.03-03-2015 2/3 A.P.P. for the State.

Allegation against petitioner Prabhat Kumar Singh is to have shot fire causing injury to Pawan Kumar and petitioner Subhash Kumar Singh is also to have shot fire causing injury to Vikram Singh.

It is submitted that Jyoti Kumari, daughter of Shankar Singh and niece of the informant had love affairs with accused Prabhat Kumar and as such both of them married against the wish of the informant as such there was some dispute between the informant's family and the petitioners who are own brothers. Prabhat Kumar and Jyoti Kumari are leading conjugal life happily. Learned counsel for the informant as well as the State submits that there is specific allegation of overtact against the petitioners. After investigation charge-sheet has already been submitted and they have also criminal antecedents. Considering the facts and circumstances, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Vaishali at Hajipur /court concerned in Goraul P. S. Case No. 148 of 2014 after framing of charge with following conditions:-

Patna High Court Cr.Misc. No.44368 of 2014 (2) dt.03-03-2015 3/3

1. The petitioners will not indulge themselves in similar or any other offence.

2. One of the bailors must be the close relative of the petitioners.

3. The petitioners will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, their bail bonds would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T