Pawan Kumar Singh @ Pawan Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36947 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================
1. Pawan Kumar Singh @ Pawan Singh Son of Late Dadan Singh
2. Golu Kumar @ Golu Lal S/o Vinod Lal Both Resident of Village - Duyari P.S. Karakat District Rohtas .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brajesh Kumar, Advocate. For the Opposite Party/s : Mr. Madan Kumar, 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 Karakat P.S. Case No. 109 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 504, 506, 326, 307, 452/34 of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that petitioners are alleged to be member of unlawful assembly. There is general and omnibus allegation against them.
It is alleged that three persons namely, Santosh Kumar Singh, Munmun Singh and Abhay Singh made firing due to which Amir Raza, Gulam Sarvar, Naeem Miyan and Sohrab Ansari sustained firearm injury.
In this manner, there is general and omnibus allegation against the petitioners. Petitioners are said to be merely the members of
Patna High Court Cr.Misc. No.36947 of 2017 (2) dt.10-08-2017 2/2 unlawful assembly.
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 Karakat P.S. Case No. 109 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 Sub Divisional Judicial Magistrate, Bikramganj, Rohtas, 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.