Patna High CourtCR. MISC./37561/2016bail granted

Kameshwar Singh And ANR v. The State Of Bihar

2016-11-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37561 of 2016 Arising Out of PS.Case No. -65 Year- 2015 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kameshwar Singh Son of vidya Singh

2. Vidya Singh Son of late Shiv Singh Both are Resident of Village- Belwa Madho, Police Station- Kotwa, District -East Champaran. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-11-2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kotwa P.S. Case No.65 of 2015 for the offences registered under sections 147, 148, 149, 341, 323, 324, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners are named in the first information report but submission on behalf of the petitioners is that after due investigation, police found accusation untrue in respect of petitioners and, accordingly, petitioners were not sent up for trial but learned court below deferred with the opinion of the police and took cognizance for the offences against petitioners also.

Patna High Court Cr.Misc. No.37561 of 2016 (4) dt.18-11-2016 2/2 Learned counsel appearing for the informant submits that altogether six persons sustained injury in the present occurrence and petitioners are habitual offenders as they have been repeatedly committing the occurrence against the informant. Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioners above named, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate Xth, Motihari in Kotwa P.S. Case no. 65 of 2015 subject to condition as laid down under section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.H./- U T