Jai Prakash Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36407 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -SURAJPURA District- SASARAM (ROHTAS) ======================================================
1. Jai Prakash Singh Son of Mahendra Singh
2. Manish Kumar son of Anil Singh Both resident of village- Nonhar, P.S.- Surajpura, District- Rohtas.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioners : Mr. Arbind Kumar, Advocate For the State : Mr. R.P.Nat, APP For the Informant : Mrs. Usha Kumari No.1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-09-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 504, 307, and 379 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Surajpura P.S. Case No. 48 of 2016.
3. It is submitted that the petitioners have been falsely implicated and as far as the petitioner no. 1 is concerned the only accusation against him is of snatching the gold chain( sikri) from the neck of the informant only in an effort to embellish the accusations. It is submitted that other co-accused have been granted anticipatory bail by this Court in Cr. Misc. No. 33364 of 2016.
4. Considering that the injury report of the informant which discloses injuries on the scalp frontal region as well as the injury report of the informant's uncle Sanjay Singh, who has also sustained injury on the head and became semiconscious, nausea and bleeding from his nose, this Court is not inclined to grant the
Patna High Court Cr.Misc. No.36407 of 2016 (2) dt.16-09-2016 2/2 privilege of anticipatory bail as far as petitioner no. 2. is concerned. The bail petition as against him stands dismissed.
5. Considering that no assault is attributed to the petitioner no. 1, in the event of arrest or surrender of the petitioner no. 1 before the court below within six weeks from the date of communication of this order, let the above named petitioner no. 1 be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Sasaram in connection with Surajpura P.S. Case No. 48 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner no.1.
(ii) That the petitioner no. 1 shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner no. 1 shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioner no. 1 shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Chandran/BT U T