Amarnath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22142 of 2020 Arising Out of PS. Case No.-163 Year-2020 Thana- SONEPUR District- Saran ====================================================== 1.
Amarnath Singh, S/o Late Rajnarayan Singh 2.
Renu Devi, W/o Amarnath Singh, Both are resident of Village- Badurahi, P.S.- Sonepur, Distt- Saran ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Rabindra Kumar Singh, Advocate For the Opposite Party :
Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-08-2020 Filing through email of the present application has been accepted in view of the out-break of COVID-19 Pandemic and has been posted before me for hearing through video conferencing.
The application is apparently not in accordance with the provisions prescribed under the Patna High Court Rules, which do not contemplate filing of application through email. In spite of that, considering the extra-ordinary situation, filing of the present application has been allowed through email. Considering the situation prevailing, the Court has considered, for the present, to ignore the deficiency in filing of the application.
Heard Mr. Rabindra Kumar Singh, learned counsel
2/3 for the petitioners and Mr. Raj Kishore Singh, learned Additional Public Prosecutor for the State.
The petitioners seek pre-arrest bail in connection with Sonepur P.S. Case No. 163 of 2020 registered under Sections 342, 323, 324, 307, 379, 504 and 506 read with 34 of the Indian Penal Code.
Considering that there is a case and counter case and the injured informant, who is elder brother of petitioner no.1, had sustained simple injury in the scuffle between the parties, the petitioners are directed to be released on bail in the event of their arrest or surrender in the court below on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonepur P.S. Case No.163 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course
3/3 of proceeding of the virtual court, shall be communicated to me on my email by the Sr.
Secretary.
(ii) The corrected copy of the order shall be transmitted by me from my email id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.
(iv) Let a copy of the order be sent to Mr. Rabindra Kumar Singh, learned counsel for the petitioners also on his email.
(v) Let steps be taken by the Sr. Secretary/registry for uploading of the present order without compromising with the norms of social distancing.
Sanjeet/- (Ashwani Kumar Singh, J.) U T