Patna High CourtCR. MISC./51928/2015bail granted

Chanar Singh And ANR. v. The State Of Bihar

2016-02-03Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51928 of 2015 Arising Out of PS.Case No. -293 Year- 2014 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Chanar Singh S/o Bhagwan lal Singh Resident of Village- Sahdulahpur, P.s Ganga-Bridge, District Vaishali.

2. Awadhesh Singh S/o late Nankhu Singh Resident of Village- Saidpur Ganesh ,P.S Bidupur, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Shekhar For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-02-2016 Head learned counsel for the petitioners and counsel for the State.

In this case, the petitioners are seeking bail in connection with Bidupur P.S. Case No. 293 of 2014 for offence under Sections 147, 148, 149, 323, 307, 447, 448, 379 & 506 of the Indian Penal Code and Section 3/4 of the Explosive Substance Act as also Section 27 of the Arms Act.

As per allegation made in the First Information Report, the petitioners were regularly threatening the Informant for giving evidence in connection with other cases. On the date of occurrence, the petitioners and five other unknown persons arrived at the Informant's door and the petitioner Chanar Singh exploded bomb resulting into causing injury on the leg of the Informant and

Patna High Court Cr.Misc. No.51928 of 2015 (4) dt.03-02-2016 they have also committed theft of cash amounting Rs. 10,000/- and took away with them a golden chain worth Rs. 32,000/-. Learned counsel for the petitioners submits that the injury report does not suggest that the Informant has received bomb injury. There is no case against the petitioners and the question of giving threat to the Informant for giving evidence does not arise. Learned counsel for the petitioners further submits that on account of land dispute five days earlier, the father of the petitioner Chanar Singh had lodged a case against the Informant. The First Information Report and the Case Diary suggest that the petitioner no.2, Awadhesh Singh, has assaulted the victim by iron road causing injury over the head.

Looking to the entire facts and circumstances of the case, let the petitioners, namely, Chanar Singh and Awadhesh Singh be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 293 of 2014.