Sudama Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12089 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sudama Singh Son of Late Saryug Singh
2. Pramod Singh
3. Rinku Singh Both are Son's of Sudama Singh, All are Resident of Village- Narayan Pakari, P.S.- Pipra, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-05-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Pipra P.S. Case No. 76 of 2016, registered for offences punishable under Sections 341, 323, 324, 325, 307, 379, 504/34 of the Indian Penal Code.
The allegation against the petitioners is of assault to the informant and others.
It has been submitted on behalf of the petitioners that there is long standing land dispute between the parties and there is case and counter case also between the parties. It has further been submitted that though there is allegation of assault against the petitioners but so far as the injuries of the informant is concerned,
Patna High Court Cr.Misc. No.12089 of 2017 (4) dt.05-05-2017 2/3 they are simple in nature and so far as the injuries of Sanjay Singh is concerned, though they are grievous in nature but not on the vital part of the body.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, 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 the Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No. 76 of 2016 corresponding to G.R. Case No. 2079 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 shall not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of
Patna High Court Cr.Misc. No.12089 of 2017 (4) dt.05-05-2017 3/3 the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) S.Pandey/- U T