Shashi Kant Singh @ Shashi Kant Kaushal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58113 of 2015 Arising Out of PS.Case No.-264 Year-2015 Thana-CHANDI DistrictNALANDA (BIHARSHARIFF) =====================================
1. Shashi Kant Singh @ Shashi Kant Kaushal, S/o Anil Singh.
2. Raj Kumar Singh, S/o Late Kameshwar Singh.
3. Arvind Singh, S/o Binda Singh.
4. Anil Singh, S/o Binda Singh.
All residents of Mubarakpur, Police Station-Chandi, DistrictNalanda. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s :Mr. Arvind Kumar Mouar, Adv. For the Opposite Party/s:Mr. Rajendra Pd. Nat (A.P.P.) For the Informant :Mr. Vibhuti Ranjan Sonvadra, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2016 Heard learned counsel, appearing on behalf of the petitioners, learned Additional Public Prosecutor, appearing on behalf of the State, and learned counsel, appearing on behalf of the informant.
Supplementary affidavit has been filed on
2/4 behalf of the petitioners today.
Let the same be kept on record.
Learned counsel, appearing on behalf of the petitioners, is permitted to correct the father's name of petitioner No.3, which, according to him, has been wrongly typed as Anil Singh in place of Binda Singh. Let it be done in course of the day.
This application for grant of anticipatory bail arises out of Chandi P.S. Case No.264 of 2015, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
At the very outset, learned counsel, appearing on behalf of the petitioners, has submitted that 10 out of 14 First Information Report named accused persons have been granted anticipatory bail by this Court vide order, dated 24.11.2015, passed in Cr. Misc. No.53250 of 2015. He has also submitted that the petitioners have been implicated, alongwith others, because of political rivalry.
Learned counsel, appearing on behalf of the informant, on the other hand, while opposing the prayer for bail, contends that the allegations against these petitioners are grave and cannot be compared to the
3/4 allegations against those persons, who have been granted anticipatory bail by this Court.
Upon perusal of the First Information Report, I find that the allegation against petitioner No.3 & 4 is that they opened fire with the Rifle, but causing no injury to any person. It is further alleged that petitioner Nos.3 and 1 assaulted the informant with Butt of the Revolver. It is alleged against petitioner No.2 that he snatched a golden chain from the informant.
Considering the nature of dispute between the parties and the fact that no person has received any fire arm injury, this application is allowed. Let the petitioner Nos.1 to 4, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Chandi P.S. Case No.264 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the
4/4 petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T