Ambu Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18414 of 2017 Arising Out of PS.Case No. -50 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ambu Singh Son of Vijay Bahadur Singh, Resident of Village- Sobiya, P.S.- Kotwali, District- East Champaran.
2. Ajit Kumar Singh @ Ajit Singh, Son of Late Yogendra Prasad Singh, Resident of Village- Taritiya, P.S.- Pakaridayal, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh, Adv. For the Opposite Party/s : Mr. Sri Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Pakaridayal P.S. Case No. 50 of 2016, registered for offences punishable under Sections 188, 358, 147, 148, 149, 341, 342, 323, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioners are not named in the FIR. Later on their names transpired during the course of investigation. It has been submitted on behalf of the petitioners that the petitioners have been implicated due to political rivalry and other co-accused has already been granted anticipatory bail by this
Patna High Court Cr.Misc. No.18414 of 2017 (2) dt.04-05-2017 2/3 Court vide order dated 21.3.2017 passed in Cr. Misc. No. 5362 of 2017. All the Sections are bailable except Section 27 of the Arms Act.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts stated above and another co-accused has been granted anticipatory bail, 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 Additional Chief Judicial Magistrate-V East Champaran at Motihari in connection with Pakridayal P.S. Case No. 50 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.18414 of 2017 (2) dt.04-05-2017 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