Sadhu Sharan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14813 of 2017 Arising Out of PS.Case No. -157 Year- 2016 Thana -NARDIGANJ District- NAWADA ======================================================

1. Sadhu Sharan Singh Son of Late Lalkeshwar Singh,

2. Gagan Singh @ Gagan Kumar Son of Sadhu Saran Singh,

3. Manoj Singh @ Mantu Singh Son of Late Radha Raman Singh,

4. Gopal Singh @ Gopal Kumar Son of Shivshankar Singh, All Resident of Village- Handia, P.S.- Nardiganj, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 Heard the parties.

The petitioners are apprehending their arrest in connection with Nardiganj P.S.ase No.157 of 2016 registered for offences punishable under Sections147, 148, 149, 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted on behalf of the petitioners that there is no specific allegation against any of the petitioners rather there is general and omnibus allegation against the petitioners and the main allegation is against two co-accused persons. The injuries are found to be simple, which will appear from Annexure-2 of the petition and there are case and counter case between the parties. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.14813 of 2017 (2) dt.03-04-2017 2/3 Having heard both sides and in view of the fact that there is case and counter case between the parties and the allegations are general and omnibus along with the fact that the injuries are simple in nature, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Nawada VI, in connection with Nardiganj P.S.Case No.157 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, otherwise, the prosecution is free to move for cancellation of their bail.

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

Patna High Court Cr.Misc. No.14813 of 2017 (2) dt.03-04-2017 3/3 U