Amit Kumar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6032 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -NARAINPUR District- BHOJPUR ======================================================
1. Amit Kumar Singh S/o Siyaram Singh
2. Sonu Kumar Singh S/o Vijay Singh Both R/o Narayanpur, P.S. - Narayanpur, District - Bhojpur.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mrs. Rina Sinha For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Narayanpur P.S. Case No. 74/2015, disclosing offences under sections 323, 341, 342, 384, 385, 307, 353, 186, 504, 506 and 120B of the Indian Penal Code.
It is stated at the Bar that petitioner no.1, Amit Kumar Singh, has been arrested during the pendency of this application. This application, accordingly, stands dismissed as having become infructuous to the extent it relates to petitioner no.1. Allegedly, few persons were collecting money on AraSahar main road for Laxmi Puja. Upon seeing the police some of them fled away. The petitioners did not escape and stayed there. Assistant Sub Inspector of Police, who is the informant of the
Patna High Court Cr.Misc. No.6032 of 2016 (2) dt.24-02-2016 case, alleges that petitioner no.1 and petitioner no.2 assaulted him. Learned counsel, appearing on behalf of petitioner no.2, submits that no offence under section 307 I.P.C. is made out. She further submits that the very fact that upon seeing the police, petitioner no.2 did not flee away, is indicative of the fact that he was not involved in collection of money.
Be that as it may, in the facts and circumstances of the case and the nature of accusation, this application is allowed. Let petitioner no.2, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 Sri P.K.Pandey, Judicial Magistrate, Bhojpur at Ara in Narayanpur P.S.Case No. 74/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that petitioner no.2 shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Surendra/- U
Patna High Court Cr.Misc. No.6032 of 2016 (2) dt.24-02-2016