Shashi Bhushan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20350 of 2016 Arising Out of PS.Case No. -432 Year- 2014 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Shashi Bhushan Singh Son of late Sushil Singh

2. Malik Hembram, son of Tallu Hembram

3. Chhotelal Singh @ Chhotelal Soren, son of late Pradhan Soren

4. Madan Kurmur @ Madan Mormu, son of Kanhu Murmur

5. Manik Chand Mandal, son of late Bhutai Mandal, Petitioner Nos. 1 to 3 are residents of village-Pulha, Police StationNarpatganj, petitioner No.4 resident of village Santhali Tola Bhanghi, petitioner No. 5 resident of village Matiyahi, Both police Station Fulkaha, all district-Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. B.M.P. Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Narpatganj P.S. Case No. 432 of 2014, disclosing offences under Sections 341,323,325,307,379,504, 506/34 of the Indian Penal Code.

It is stated in paragraph 3 of the application that the petitioners have no criminal antecedents. Referring to the First Information Report, learned counsel for the petitioners has submitted that no offence under Section 307 of the Indian Penal Code is made out on the basis of the allegations contained therein. It has also been submitted that an occurrence which had taken place on 20.10.2014, the First

Information Report came to be belatedly lodged on 29.10.2014.

The explanation that the informant was undergoing treatment which caused delay in lodging of the First Information Report, cannot be accepted, he contends. He has further submitted, referring to the injury report that Injury No.2 has been found to be simple and so far other injuries are concerned, there is no opinion available on record.

Considering the submissions as above, this application is allowed. Let the petitioners above-named in the event of their arrest/surrender within four weeks from today in the court below, 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 Ashish Ranjan, learned Judicial Magistrate, First Class, Araria in Narpatganj P.S. Case No. 432 of 2014, subject to the conditions as 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) ArunKumar/- U