Brijbihari Singh @ Hakim And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20375 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -BAGAINGOLA District- BUXAR ======================================================
1. Brijbihari Singh @ Hakim S/o Late Sarju Singh,
2. Bhola Kumar Son of Brijbihari Singh @ Hakim,
3. Pintu Kumar @ Pintu Singh Son of Brijbihari Singh @ Hakim, All Resident of Village- Pokhraha Tola, P.S. Bagen Gola, District Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mira Kumari For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner and the State. The learned counsel appearing on behalf of opposite party No. 2 opposed the prayer for anticipatory bail.
The petitioner apprehends his arrest in Bagen Gola P.S. Case No. 05 of 2017 instituted for the offence under Section302 & other minor sections of the Indian Penal Code. As per allegation, the co-accused Satyendra Singh and Dharmendra Singh caught hold the mother of the informant and Kamleshwar Singh assaulted the mother of the informant with Lathi with intention to kill and the mother of the informant died on the spot. There is allegation against petitioner Nos. 2 & 3 that they assaulted the nephew of the informant Rahul Kumar and Nitish Kumar with lathi. The petitioner No. 1 assaulted the Bhabhi of the informant. The injury report has been annexed as Annexure-3 series wherein the doctor has found merely swelling and abrasion
Patna High Court Cr.Misc. No.20375 of 2017 (2) dt.16-05-2017 2/2 on the person of the injured.
In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bagen Gola P.S. Case No. 05 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateI, Buxar subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) A.K.V./- U T