Surendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28159 of 2018 Arising Out of PS. Case No.-147 Year-2017 Thana- CHANPATIA District- West Champaran ======================================================

1. Surendra Singh son of late Kashi Singh

2. Jitendra Singh @ Jitendra Kumar Singh son of late Rajendra Singh

3. Satyendra Singh @ Satyendra Kumar Singh son of late Rajendra Singh

4. Chandan Singh @ Chandan Kumar Singh son of late Rajendra Singh

5. Lakhman Singh @ Lakhman Kumar Singh son of late Rajendra Singh All R/o Shambhuapur, P.S. Chanpatiya, District - West Champaran ... Petitioners

Versus

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

For the Petitioners :

Mr. Upendra Kumar, Adv.

For the Opposite Party :

Mr. Parmeshwar Mehta, APP 42 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the learned counsel for the petitioners. The petitioners are apprehending their arrest in connection with Chanpatiya P.S. Case No. 147 of 2017 registered for offences punishable under Sections 147, 148, 149, 341, 323, 308, 379, 504 and 506 of the Indian Penal Code. Allegation against the petitioners is of pressing the neck by putting gamchha around the neck and also of assault by knife.

Submission of the learned counsel for the petitioners

Patna High Court Cr.Misc. No.28159 of 2018(2) dt.16-05-2018 2/3 is that there is general and omnibus allegation and no specific allegation has been attributed.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, named above, in the event of arrest or surrender before the Court below, within a period of six weeks from the date of order, be released on bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty-five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, V, Chanpatia, West Champaran, in connection with Chanpatiya P.S. Case No. 147 of 2017 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as with following conditions :

(I) One of the bailors of the petitioners shall be a local person, having sufficient immovable property within the jurisdiction of the concerned Court.

(II) The petitioners will not induce any witness or tamper with evidence.

(III) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free

Patna High Court Cr.Misc. No.28159 of 2018(2) dt.16-05-2018 3/3 to move for cancellation of his bail bonds.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Shamshad/- U T