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Patna High CourtCR. MISC./606/2015bail granted

Munna Singh And ANR v. The State Of Bihar

2015-01-30Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.606 of 2015 (3) dt.30-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.606 of 2015 Arising Out of PS.Case No. -160 Year- 2014 Thana -SONEPUR District- SARAN ======================================================

1. Munna Singh son of Inderjeet Singh

2. Mukesh Singh son of Chandradeep Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sonpur P.S. Case No. 160 of 2014 registered for the offences punishable under Sections 341, 323, 448, 337, 504, 379/34 of the Indian Penal Code and 27 of the Arms Act.

The accusation against the petitioners is that they along with others entered the house of the informant and made firing as well as assaulted the inmates of the house. Para 24 and 25 of the case diary reveal that injured did not sustain any visible injury and they made complaint of pain in abdomen and chest. Moreover, prior to institution of the present case, wife of petitioner no. 2 had lodged Sonpur P.S. Case No. 159 of 2014

Patna High Court Cr.Misc. No.606 of 2015 (3) dt.30-01-2015 against the prosecution party. It is admitted position that none has sustained firearm injury in the present case and furthermore, para 3 to the petition reveals that petitioners do not have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties particularly, keeping in mind that alleged occurrence is said to have taken place due to land dispute, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Saran at Chapra in Sonepur P.S. Case No. 160 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T