← Library
Patna High CourtCR. MISC./7480/2017bail granted

Shrinath Singh @ Shrinath Mahto And ANR v. The State Of Bihar

2017-02-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7480 of 2017 Arising Out of PS.Case No. -357 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Shrinath Singh @ Shrinath Mahto son of late Sudarshan Singh

2. Arvind Kumar Singh @ Arvind Singh son of Shrinath Singh @ Shrinath Mahto, both are residents of village-Siswa, P.S. Morhowrah, Distt. Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 452, 395, 427, 504 and 506/34 of the Indian Penal Code.

Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case due to the fact that earlier to the occurrence petitioners have lodged two cases against the informant and others and the only allegation against the petitioner is of abetment in this case. He is Mukhiya. Other similarly situated co-accused has already been granted bail vide order dated 16.02.2017 passed in Cr. Misc. no. 3830 of 2017. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that

Patna High Court Cr.Misc. No.7480 of 2017 (2) dt.22-02-2017 2/2 earlier to lodging of this case, two cases were lodged against the the informant by the petitioners, no specific allegation has been attributed against the petitioners and similarly situated other coaccused has already been granted bail, let above named petitioners, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-II, Saran at Chapra, in connection with Morhowrah P.S. Case no. 357 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

There are other conditions also that (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the investigation and make themselves available before the police as and when required.