Shyam Bahadur Singh And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.7987 of 2015 (2) dt.02-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7987 of 2015 Arising Out of PS.Case No. -178 Year- 2014 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ======================================================

1. Vijay Singh son of Late Ramdhin Singh

2. Gaurav Singh son of Surendra Singh Both resident of Village Kevali, Ps. Khudaganj District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.8125 of 2015 Arising Out of PS.Case No. -178 Year- 2014 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ======================================================

1. Shyam Bahadur Singh son of Late Bande Singh,

2. Niraj Singh, son of Shyam Bahadur Singh Both residents of village- Kewari, P.O. Kotehra, P.S. Khudaganj, DistrictNalanda .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.7987 of 2015) For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Bharat Bhushan (App) (In Cr.Misc. No.8125 of 2015) For the Petitioner/s : Mr. Birendra Narayan Sharma For the Opposite Party/s : Mr. Sunil Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 02.03.2015 Both the above stated petitions arise out of Khudaganj P.S. Case no. 178/2014 registered under section 307 and other allied sections of the IPC and 27 of the Arms Act in which petitioners apprehend their arrest and accordingly, both the above stated petitions

Patna High Court Cr.Misc. No.7987 of 2015 (2) dt.02-03-2015 are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

The contention on behalf of the petitioners is that villagers made demonstration for transfer of one Upendra Master and three FIRs including present one were lodged against the petitioners and some others and so far as present case is concerned, although there is allegation of firing against co-accused Gautam Singh but admittedly, no one sustained fire arm injury and, therefore, the aforesaid fact goes to show that allegation of firing has been inserted in the present case with an intent to make offence graver.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Hilsa, Nalanda in Khudaganj P.S. Case no. 178/2014 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T