Bijoy Singh @ Vijay Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40468 of 2016 Arising Out of PS.Case No. -97 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Bijoy Singh @ Vijay Singh, Son of Late Satya Narayan Singh

2. Kunal Kumar @ Kunal Kumar Singh, Son of Bijoy Singh @ Vijay Singh. Both are residents of Village-Panhas, P.S.-Town, District-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Smt. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Learned counsel for the petitioners is permitted to mention the father's name of petitioner No. 2 in the main application by making necessary correction in course of the day. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Begusarai Town P.S. Case No. 97 of 2016, disclosing offences under Sections 147, 149, 341, 323, 325, 307 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

From the First Information Report, it appears that the petitioner No. 1 is said to have opened fire with his pistol which missed the target. It is also alleged against him that he hit one Manoj Kumar with the butt of his pistol on his nose, causing injury. As regards petitioner No. 2, it is alleged that he struck the informant on his head with an iron rod which caused injury.

Patna High Court Cr.Misc. No.40468 of 2016 (2) dt.22-09-2016 2/2 Learned counsel appearing on behalf of the petitioners has submitted that the injuries on Manoj Kumar have been found to be simple in nature. The petitioners have no criminal antecedent.

Considering the submissions as above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 97 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T