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Patna High CourtCR. MISC./16418/2015disposed

Kartik Singh And ORS. v. The State Of Bihar

2015-07-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16418 of 2015 Arising Out of PS.Case No. -37 Year- 2015 Thana -MOKAMAH District- PATNA ======================================================

1. Kartik Singh Son of Bishwanath Singh

2. Shambhu Pandey@Shambu Pandey son of Chandrachur Pandey Both resident of Village- Mor, P.s Mokama, District Patna

3. Niraj Singh Son fo Late Kunwar singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Braj Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 Vide order dated 28.05.2015, the bail application of petitioner no.1(KartikSingh) stood dismissed as withdrawn. Heard learned counsel for petitioner nos. 2 and 3 and learned A.P.P. for the State.

The petitioner nos. 2 and 3 are apprehending their arrest in connection with Mokama P.S.Case No. 37 of 2015 instituted under Sections 147, 148, 149, 447, 307 and 506 of the Indian Penal Code and Section 27 of Arms Act.

The allegation against the petitioners is of assaulting the informant with fists and slaps and making firing from fire arms. It has been submitted on behalf of the petitioners that the petitioners have no criminal antecedent. It is further submitted

Patna High Court Cr.Misc. No.16418 of 2015 (3) dt.02-07-2015 2/2 that there is general and omnibus allegation against the petitioner nos. 2 and 3. It is also submitted that though there is allegation of making firing from fire arms but no one has sustained any injury. It has been pointed out that no specific overt act has been attributed against the petitioners.

Learned counsel for the State has submitted that the petitioners are named in the FIR.

Considering the aforesaid facts, let the above named petitioner nos. 2 and 3 (Shambhu Pandey @ Shambu Pandey and Niraj Singh), in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri A.Kumar,learned Judicial Magistrate, 1st Class, Barh, in connection with Mokama P.S.Case No. 37/2015 , subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) singh/- U T