Binod Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53796 of 2016 Arising Out of PS.Case No. -157 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Binod Singh

2. Manman Singh, S/o Sri Ram Bahadur Singh, R/o Vill- Chauthi, P.S. Bhabhua, District- Kaimur At Bhabhua .... Petitioners

Versus

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

For the Petitioners : Mr. Vinod Kumar, Adv. For the Opposite Party : Smt. Pushpa Sinha, APP 121 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 302/34 of the Indian Penal Code, 27 of the Arms Act and 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Murder of Mangru Mushar, the cousin brother of the informant, was committed in his house and the informant saw the petitioners and others coming from there.

Submission of the petitioners is that there is no eye witness of the occurrence. Initially the police did not send-up the petitioners for trial. However, the Court below has taken cognizance against the petitioners.

Considering the aforesaid fact, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Chainpur P.S. Case No. 157 of 2015 to the satisfaction of the Additional Chief Judicial Magistrate, Kaimur at Bhabhua, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √