Rohan Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10154 of 2018 Arising Out of PS.Case No. -174 Year- 2017 Thana -SANDESH District- BHOJPUR ======================================================
1. Rohan Singh, son of late Sheojee Singh,
2. Shambhu Singh, son of late Ram Awadhesh Singh,
3. Lal Babu Singh, son of Krishna Singh, all resident of village- Badinha, Police Station- Sandesh, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 23-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Sandesh P.S. Case No.174 of 2017 instituted for the offence under Section(s) 341, 323, 324, 307, 504/34 Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that petitioners and the informant are agnates. Altercation has taken place on the issue of objection for passage.
In the written report, there is allegation against petitioner No.2 that he gave gun to petitioner no.1, who fired 810 rounds on the informant, but no injury was caused. It is further alleged that co-accused Mohan Singh, came armed with gun and he fired on the informant causing fire arm injury to him in the
Patna High Court Cr.Misc. No.10154 of 2018 (2) dt.23-02-2018 2/2 chest, right hand and below the navel.
There is no specific overt act against petitioner no.3. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sandesh P.S. Case No.174 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 the Additional Chief Judicial Magistrate, IX, Bhojpur, Ara, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- U T