Dinesh Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39550 of 2017 Arising Out of PS.Case No. -269 Year- 2015 Thana -DINARA District- SASARAM (ROHTAS) ======================================================
1. Dinesh Kumar Singh, Son of Jay Narayan Singh
2. Jay Narain Singh @ Jamuna Singh, Son of late Saryu Singh
3. Ramesh Singh, Son of Gauri Shankar Singh @ Ganga Singh All Residents of Village: Nabinagar, P.S. Piro, District Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate. For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Dinara P.S. Case No. 269 of 2015 instituted for the offence under Sections 341, 307 and 34 of the Indian Penal Code.
It is alleged in the written report that on instruction of petitioner Nos. 1 and 2, petitioner No. 3 hit with tractor the son of the informant Jai Ram Singh, causing serious injury to him. The injury report has been enclosed as Annexure-2 wherein total six injuries have been found. Injury No. 6 was found to be grievous in nature which was compound fracture below right knee joint.
In such circumstances, since there is specific allegation of dashing the son of the informant with tractor, causing serious injury to him against petitioner No. 3, this Court is not inclined to grant anticipatory bail to petitioner No. 3 namely, Ramesh Singh.
Prayer for bail of the petitioner namely, Ramesh Singh, stands rejected.
So far as petitioner Nos. 1 and 2 namely, Dinesh Kumar Singh and Jay Narain Singh @ Jamuna Singh are concerned, prayer for anticipatory bail against them is allowed. In the event of surrender/arrest of the petitioner Nos. 1 and 2, named above, within six weeks from today, in connection with Dinara P.S. Case No. 269 of 2015, they shall 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 learned Additional Chief Judicial Magistrate, Bikramganj, Distt. Rohtas, subject to the conditions as laid down under Section 438
(2) 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) S.Ali/- U T