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Patna High CourtCR. MISC./18798/2019bail granted

Parshuram Singh v. The State Of Bihar

2019-03-28Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18798 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- KHAIRA District- Jamui * ====================================================== 1.

PARSHURAM SINGH Son of Late Rajo Singh Resident of VillageChangodih, P.S.- Khaira, District- Jamui. 2.

Balmiki Singh Son of Late Rajo Singh Resident of Village- Changodih, P.S.- Khaira, District- Jamui.

3.

Shiv Kumar Singh Son of Bhola Singh Resident of Village- Changodih, P.S.- Khaira, District- Jamui.

4.

Sanjeev Singh Son of Bhola Singh Resident of Village- Changodih, P.S.- Khaira, District- Jamui.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Khaira P.S. Case No. 01 of 2019 for the offence under Sections 147, 148, 149, 323, 504 and 506 of the Indian Penal Code and Section 25(1-b)A, 26, 27 and 35 of the Arms Act. From the First Information Report, it appears that petty dispute has led to the occurrence. Allegedly, the informant and other children were playing football, which was being objected to by the accused persons. It is alleged that the accused persons opened fire. Police thereafter reached and from a Scorpio vehicle, belonging to father of petitioners No. 3 and 4,

Patna High Court CR. MISC. No.18798 of 2019(2) dt.28-03-2019 2/3 the police recovered certain country made firearm and ammunition.

Learned counsel appearing on behalf of the petitioners has submitted that father of the petitioners No. 3 and 4, co-accused Bhola Singh, has been allowed regular bail by this Court by order dated 05.02.2019 passed in Cr. Misc. No. 10114 of 2019. It has also been argued that even if the allegation made in the First Information Report is taken to be correct, there being no specific allegation against these petitioners, a case for grant of anticipatory bail is made out.

I find substance in the said submission. This application is accordingly allowed.

Let the petitioners above named, in the event of their arrest/surrender within six 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 the learned C.J.M., Jamui, in Khaira P.S. Case No. 01 of 2019, 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

Patna High Court CR. MISC. No.18798 of 2019(2) dt.28-03-2019 3/3 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) Pawan/- U T