Chandan Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50280 of 2015 Arising Out of PS.Case No. -69 Year- 2015 Thana -AGIAON BAZAR District- BHOJPUR ======================================================
1. Chandan Singh
2. Ravi Ranjan Singh (Both sons of Devendra Singh)
3. Lallu Singh
4. Satendra Singh (Both sons of Dasai Singh) All are resident of VillageMahuari, Police Station- Agiaon Bazar, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramashray Roy For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-11-2015 Heard the counsel for the petitioners. No one has appeared on behalf of the State.
Petitioners four in numbers have sought anticipatory bail in connection with Agiaon P.S. case no. 69 of 2015 registered under Sections 341, 323, 324,325,307,147,148,149,379, 337 and 338 of the IPC .
It has been submitted referring to the First Information Report that both the parties are closely related. There is counter case lodged earlier by co accused Devendra Singh under Section 307 of the IPC in which the prosecution side who are accuseds in the said case have been released on anticipatory
Patna High Court Cr.Misc. No.50280 of 2015 (2) dt.10-11-2015 2/3 bail by the learned Sessions Judge. The specific allegation of assault is attributed to Makardhwaj Singh and Devendra Singh who are not the petitioners. Petitioner nos. 1 and 2 are alleged to have fired in the air causing no injury. However, the case has not been registered under Section 27 of the Arms Act. So far as the petitioner nos. 3 and 4 are concerned, there is general and omnibus allegation of causing injury by lathi, danda. Referring to the injury report (annexure 3 series) it has been submitted that they have not found to be grievous. The doctor has only referred for C/T scan and opinion is reserved which has not been placed by the prosecution in the case diary till date.
Considering the fact that there is general and omnibus allegation against the petitioners and the particular facts of the case, noticed hereinabove, this Court is inclined to extend the privilege of anticipatory bail to the petitioners. In the event of arrest or surrender in the Court below within a period of four weeks from today, the petitioners, above named, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Bhojpur, Ara in connection with Agiaon Bazar P.S. case no. 69 of 2015 subject to the condition as laid down under Section 438(2) of the
Patna High Court Cr.Misc. No.50280 of 2015 (2) dt.10-11-2015 3/3 Cr.P.C. with the further following conditions: (i) One of the bailers in each case shall be the own/close family members of the petitioners.
(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U T