Chandan Singh @ Chandan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42171 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -BARAULI District- GOPALGANJ ====================================================== Chandan Singh @ Chandan Kumar Singh, son of Upendra Singh, resident of village Ratan Sarai, P.S. Barauli, District Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-10-2016 Heard learned counsel for the parties.
This application for grant of anticipatory bail arises out of Barauli P. S. Case No. 18 of 2016, disclosing offences under Sections 302/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that on the basis of allegation made in the First Information Report by the informant, the brother of the deceased, no offence under Section 302 of the Indian Penal Code is made out against this petitioner inasmuch as there is no specific allegation of any overt act against this petitioner. He has submitted that allegations made in the First Information Report are incorrect and based on either suspicion or malice.
Considering the above, this application is allowed. Let the petitioners above named, in the event of his arrest/surrender
within four weeks from today in the Court below shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Goaplganj, in connection with Barauli P.S. Case No. 18 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 petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/-c U