Anil Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10441 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -KOPA District- SARAN ======================================================

1. Anil Singh s/o Nagendra Singh resident of village Kumna, P.S. Kopa, District - Saran.

2. Hitesh Singh @ Hitesh Kumar S/o Vijay Singh resident of village Kumna, P.S. Kopa, District - Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarvesh Kumar Singh For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 353,504 and 506 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that one Dablu Singh was stopped during vehicle check while coming on motorcycle when he abused and made scuffle with the informant. Thereafter, Dablu Singh called the petitioners when they abused and assaulted the police force. Subsequently, Dablu

Patna High Court Cr.Misc. No.10441 of 2016 (2) dt.04-03-2016 2/3 Singh was apprehended.

It is submitted by the learned counsel for the petitioners that the learned Sessions Judge, after going through the case diary, has recorded in the order granting bail to co accused Dablu Singh in BP No. 1551 of 2015 (Annexure 2) that no independent witness was examined in support of the accusation. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Kopa P.S. Case No.117 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners will be accepted on filing of affidavits by the petitioners before the learned court below that they will regularly cooperate in the investigation. The said affidavits will be transmitted by the

Patna High Court Cr.Misc. No.10441 of 2016 (2) dt.04-03-2016 3/3 learned court below to the concerned I.O. Non cooperation in the investigation will give liberty to the prosecution to file application before the learned court below to cancel bail bonds of the petitioners.

(Dinesh Kumar Singh, J) Anil/- U T