Motilal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22600 of 2019 Arising Out of PS. Case No.-139 Year-2018 Thana- DAWATH District- Rohtas ====================================================== 1.
MOTILAL SINGH Son of Late Sakhichand Singh Resident of Village - Jogadhara, P.s.- Dawath, Distt.- Rohtas (Sasaram). 2.
Krishna Singh Son of Motilal Singh Resident of Village - Jogadhara, P.s.- Dawath, Distt.- Rohtas (Sasaram).
3.
Chhotan Singh Son of Late Ramayan Singh Resident of Village - Jogadhara, P.s.- Dawath, Distt.- Rohtas (Sasaram).
4.
Sanjay Singh Son of Motilal Singh Resident of Village - Jogadhara, P.s.- Dawath, Distt.- Rohtas (Sasaram).
5.
Bhuletan Singh Son of Krishna Singh Resident of Village - Jogadhara, P.s.- Dawath, Distt.- Rohtas (Sasaram).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nagendra Upadhyay For the State :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-04-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Dawath P.S. Case No. 139 of 2018, disclosing offences under Sections 341, 147, 148, 323, 506, 504, 307, 325 and 379 of the Indian Penal Code.
From the FIR, it transpires that certain altercation had taken place over a passage, through which the informant was taking his cattle, that led to the occurrence for which a case and counter case have been filed. There is allegation of assault made
Patna High Court CR. MISC. No.22600 of 2019(2) dt.10-04-2019 2/2 by a Lathi.
It is submitted on behalf of the petitioners that no offence under Section 307 of the IPC is made out. In the background of the nature of allegation made in the FIR, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, 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 learned S.D.J.M., Bikramganj (Rohtas) in connection with Dawath P.S. Case No. 139 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T