Sanjay Singh @ Sanjay Kumar Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14087 of 2016 Arising Out of PS.Case No. -162 Year- 2015 Thana -NARDIGANJ DistrictNAWADA =====================================

1. Sanjay Singh @ Sanjay Kumar Sharma, aged about 51 years, son of Late Ram Briksha Singh.

2. Sonu Kumar, aged about 26 years, son of Sanjay Singh. Both residents of VillagePandappa, P.S.-Nardiganj, District-Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mithilesh Kumar, Adv. For the Opposite Party/s : Mr. Surendra Kumar (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-04-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nardiganj P.S. Case No.162 of 2015, disclosing offences under Sections 341, 323, 379, 385, 365/34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that there is no plausible explanation for delay of twenty one

Patna High Court Cr.Misc. No.14087 of 2016 (2) dt.20-04-2016 2/2 days in lodging the First Information Report. It is further submitted that the institution of present First Information Report, is out of personal animosity and there is no chance that the petitioners shall tampering with the evidence or fleeing away from the course of justice. The petitioners have no criminal antecedent.

In view of the submission, as above, this application is allowed. Let the petitioners, abovenamed, 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 learned Sub-Divisional Judicial Magistrate, Nawada, in connection with Nardiganj P.S. Case No.162 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners, abovenamed, 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.

Praveen-II/- (Chakradhari Sharan Singh, J.) U T