Patna High CourtCR. MISC./48681/2014bail granted

Dharambir Singh And ANR v. The State Of Bihar

2015-04-30Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.48681 of 2014 (2) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48681 of 2014 Arising Out of PS.Case No. -77 Year- 2012 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Dharambir Singh son of late Yugeshwar Prasad Singh

2. Lalit nSingh @ Lalt Kumar Singh, son of Dharambir Singh both resident of village-Saroja, P.S. Simri Bakhtiyarpur District Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-04-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted that there is allegation in the First Information Report of opening fire against petitioner no.2 who is the son of the petitioner and not against him. Learned counsel for the petitioners has drawn my attention to the statement made by the informant recorded under Section 164 of the Code of Criminal Procedure and has contended that he has not named even petitioner no.2 responsible for commission of offence.

Patna High Court Cr.Misc. No.48681 of 2014 (2) dt.30-04-2015 In view of the submission as above and in view of the statement made in paragraph 3 of the application that the petitioners have no criminal antecedent, let petitioners above named in the event of his 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 the Chief Judicial Magistrate, Saharsa in Bakhtiyarpur ( Balwahat OP) P.S. Case No. 77 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Chakradhari Sharan Singh, J) ArunKumar/- U