Subodh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5871 of 2016 Arising Out of PS.Case No. -226 Year- 2015 Thana -MARHAURA District- SARAN ======================================================

1. Subodh Singh son of Arjun Singh

2. Bhabhari Singh @ Satrughna Singh son of Laxman Singh Both resident of Village- Awari, P.S.- Morhowrah, District- Saran at Chapra. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Narendra Kumar, Advocate For the Opposite Party/s : Mr. Upendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Morhowrah P.S. Case No. 226 of 2015, disclosing offences under Sections 147, 148, 341, 323 and 307 of the Indian Penal Code. Learned counsel for the petitioners submits that land dispute between the parties is an admitted position and the occurrence is said to have taken place because of the said land dispute. He submits that no offence under Section 307 of the Indian Penal Code is made out on the basis of allegation made in the First Information Report if read with the injury report. He further

Patna High Court Cr.Misc. No.5871 of 2016 (2) dt.22-02-2016 2/2 submits that there is no chance that the petitioner would be fleeing away from the course of investigation or trial. Considering the aforesaid submission, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran at Chapra, in connection with Morhowrah P.S. Case No. 226 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T