Garib Singh @ Garib Nath Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.36166 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36166 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Garib Singh @ Garib Nath Singh, S/o Late Shyamanand Singh @ Rambabu Singh,

2. Rakesh Kumar Singh,

3. Rajiv Singh @ Rajiv Kumar Singh, Both sons of Garib Singh @ Garib Nath Singh, All resident of Village Harpur Kastoori P.S.- Bhagwanpur, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 379/34 of the Indian Penal Code. Allegation against the petitioners is to have assaulted to the husband of the informant with lathi and butt of the gun. Submission of the learned counsel for the petitioners is that the petitioners have got no criminal antecedent of such type and they have been falsely implicated in this case. If the petitioners would have intention to commit murder, they would

Patna High Court Cr.Misc. No.36166 of 2017 (2) dt.10-08-2017 have used the gun and not its butt.

Considering the nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/successor Court in connection with Bhagwanpur Police Station Case No. 22 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T