Sikendra Singh @ Sikandar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13508 of 2018 Arising Out of PS.Case No. -64 Year- 2017 Thana -KHUDWAN District- AURANGABAD ======================================================
1. SIKENDRA SINGH @ SIKANDAR SINGH, Son of Late Janardhan Singh
2. Binda Singh, Son of Rajeshwar Singh
3. Suraj Singh, Son of Late Janardhan Singh
4. Awadhesh Singh, Son of Late Janardhan Singh null
5. Ram Ayodhya Singh, Son of Late Surajdev Singh
6. Mandati Singh, Son of Salik Singh,
7. Dinesh Singh @ Vinesh Singh, Son of Dudheshwar Singh. Both R/o Parihara, P.S.- Khudwan, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjit Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2018 During the pendency of the application, petitioner no.2 (Binda Singh) has been arrested.
Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.2 (Binda Singh).
Accordingly, this application is dismissed as withdrawn in respect of petitioner no.2 (Binda Singh).
Heard the parties.
The petitioners are apprehending their arrest in connection with Khudwan P.S.Case no.64 of 2017, registered for offences
Patna High Court Cr.Misc. No.13508 of 2018 (2) dt.06-04-2018 2/3 punishable under Sections 147, 148, 149, 323, 324, 307 and 504 of the Indian Penal Code.
Allegation against the petitioners is of assault to the informant and other persons.
Submission of the learned counsel for the petitioners is that the injuries are simple in nature and as a matter of fact the dispute arose between the parties for a piece of land between the informant and the Mahant and as such the petitioners have been falsely implicated in this case and another case has been lodged for the said occurrence.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner nos.1 Sikendra Singh @ Sikandar Singh, 3. Suraj Singh, 4. Awadhesh Singh, 5. Ram Ayodhya Singh, 6. Mandati Singh and 7 Dinesh Singh @ Vinesh Singh surrender before the court below within a period of four weeks from the date of order, and on their surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad (Bihar) in connection with Khudwan P.S.Case No.64 of 2017, subject to condition as laid down under Section 438 (2) of the
Patna High Court Cr.Misc. No.13508 of 2018 (2) dt.06-04-2018 3/3 Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. (iv) If they are found involved again in such of occurrence, their bail bond shall be cancelled by the learned court below itself.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T