Sunil Kumar Singh @ Sunil Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.37027 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37027 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -DEO District- AURANGABAD ======================================================

1. Sunil Kumar Singh @ Sunil Singh, Son of Ram Pravesh Singh

2. Jay Ram Singh, Son of Late Rajdeo Singh

3. Dhirendra Singh @ Dhirendra Kumar Singh, Son of Ram Pravesh Singh All Residents of Village- Sudi Bigha P.S. Deo District Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Deo P.S. Case No. 50 of 2017 instituted for the offence under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code. It has been submitted that there is case and counter case between the parties. For the same date of occurrence, petitioner No. 3 has filed case against the informant and others vide Deo P.S. Case No. 51 of 2017 in which petitioner No. 3 sustained grievous injury (Annexure-4). In the instant case there is allegation that petitioner No. 3 along with other accused persons assaulted the informant with fists and slaps for parking of Tempo. The injury report of the informant has been annexed as Annexure-3 wherein the Doctor has found simple injury. There is case and counter case between the parties and the injury has

Patna High Court Cr.Misc. No.37027 of 2017 (2) dt.10-08-2017 been sustained from both sides.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Deo P.S. Case No. 50 of 2017, 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 Chief Judicial Magistrate, Aurangabad, 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.