Patna High CourtCR. MISC./39699/2016bail granted

Braj Kishore Singh v. The State Of Bihar

2017-02-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39699 of 2016 Arising Out of PS.Case No. -40 Year- 2013 Thana -SHYAMPUR BHATHA District- SHEOHAR ======================================================

1. Braj Kishore Singh, son of Mangal Singh, resident of villageChamunia, PS- Shyampur Bhatha, District- Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 06-02-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Shyampur Bhatha P.S. Case No.40 of 2013 instituted for the offence under Section(s) 147, 149, 341, 323, 324, 307, 504, 506 Indian Penal Code.

It has been submitted on behalf of the petitioner that there is specific allegation of assault against co-accused, Randhir Singh and Navin Kumar Singh. There is admitted land dispute between the parties. Other co-accused with similar allegation has already been granted bail by a co-ordinate Bench of this Court by order dated 14.09.2016 passed in Cr. Misc. No.34280 of 2016. It has further been submitted that Final Report was submitted

Patna High Court Cr.Misc. No.39699 of 2016 (4) dt.06-02-2017 2/2 against the petitioner but the learned Magistrate disagreeing with the same took cognizance against the petitioner. From the allegation in the written report, it appears that there is omnibus and general allegation against this petitioner.

In the facts and circumstances of the case, prayer of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Shyampur Bhatha P.S. Case No.40 of 2013, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheohar, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T