Patna High CourtCR. MISC./17027/2016bail granted

Vinod Singh And ANR v. The State Of Bihar

2016-07-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17027 of 2016 Arising Out of PS.Case No. -169 Year- 2015 Thana -BARGANIA District- SITAMARHI ======================================================

1. Vinod Singh Son of Late Yugal Singh

2. Sudhir Mishra, son of Late Jamun Mishra Both resident of village- Panchtaki Ram, P.S. Bairgania, District- Sitamarhi .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bairgania P.S. Case No. 169 of 2015, disclosing offences under Sections 147, 148, 149, 323, 324, 326, 307, 427, 337, 353, 152, 153(AA) of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act. There are 23 persons named in the F.I.R., including the petitioners. From the F.I.R., it appears that there occurred a clash between two groups.

Learned counsel appearing on behalf of the petitioners has submitted that there is no specific allegation of assault

Patna High Court Cr.Misc. No.17027 of 2016 (4) dt.18-07-2016 2/2 against the petitioners.

Considering the genesis of occurrence and the nature of accusation against the petitioners, this application is allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sitamarhi, in connection with Bairgania P.S. Case No. 169 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 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. (Chakradhari Sharan Singh, J) ajaypd./- U T