Ganesh Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36523 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -PIRI BAZAR District- LAKHISARAI ======================================================
1. Ganesh Singh, Son of Late Sahdeo Singh.
2. Sri Ram Singh @ Madari Singh, @ Madan Singh, Son of Ganesh Singh.
3. Sachchidanand Singh, Son of Late Sahdeo Singh.
4. Bidya Sgar Singh, Son of Late Sahdeo Singh.
5. Ramanuj Singh @ Khalari Singh, Son of Ganesh Singh.
6. Jitendra Kumar @ Jitendra Kr. Singh, Son of Bidya Sagar Singh, All resident of Village- Rampur, Police Station- Piribazar, DistrictLakhisarai.
7. Mritunjay Singh, Son of Sachchidanand Singh.
8. Vikash Kumar, Son of Binod Singh.
9. Binod Singh @ Binod Kumar, Son of Late Ramashish Singh, Both resident of Village- Rasalpur, Police Station- Shiekhpura, DistrictSheikhpura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Opposite Party/s :
Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 Heard the parties.
The petitioners are apprehending their arrest in connection with Piribazar P.S. Case No. 34 of 2017 registered for offences punishable under Section 307 and other sections of the Indian Penal Code.
Allegation against the petitioner and other co-accused persons is of assaulting the informant.
Submission of the learned counsel for the petitioners is that there is case and counter case between the parties. Both sides have sustained injuries and the injuries sustained by the informant have been found to be simple in nature.
Patna High Court Cr.Misc. No.36523 of 2017 (2) dt.10-08-2017 2/2 Heard learned A.P.P. and learned counsel appearing for the informant. He opposes the prayer for bail and submits that there were injuries on the person of the injured, and as such, petitioners do not deserve to be granted anticipatory bail. Having heard both sides and in view of the facts and circumstances, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Lakhisarai in connection with Piribazar P.S. Case No. 34 of 2017 subject to conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the 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 to move for cancellation of their bail bonds.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) Manish/- U T