Dilip Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4821 of 2017 Arising Out of PS.Case No. -71 Year- 2016 Thana -KINJAR District- JEHANABAD ======================================================

1. Dilip Singh,

2. Shyam Vijay Singh @ Shyam Vijay Kumar. All Sons of Pradeep Singh.

3. Pradeep Singh, Son of Late Fudena Singh.

4. Bittu Kumar, Son of Dilip Singh, All are resident of Village- Kamariya, P.S. Kurtha, District Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Sri Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 Heard the parties.

This application has been filed in connection with Kinjer P.S. Case No. 71 of 2016 for the offence under Sections 341, 323, 379, 307 and 504/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that there is a case and counter case between the parties and there is omnibus allegation of assault but the injuries are simple in nature, which will appear from Annexure-3 series.

Heard learned A.P.P. also.

Having heard both sides. In view of the allegation that the injuries are simple in nature and no specific allegation against the petitioners, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks,

Patna High Court Cr.Misc. No.4821 of 2017 (2) dt.14-02-2017 2/2 be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Kinjer P.S. Case No. 71 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) Vats/- U T