Anupsagar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40896 of 2016 Arising Out of PS.Case No. -135 Year- 2016 Thana -DUMRAUN District- BUXAR ======================================================

1. Anupsagar Singh

2. Raman Kumar Singh @ Raman Singh

3. Vishwamitra Singh. Petitioner No. 1,2 and 3 are S/o of Tejnarayan Singh and Resident of Village- Barki Kodhiya, P.S.- Buxar Industrial, DistrictBuxar.

4. Tejnarayan Singh, S/o Late Awadh Bihari Singh, Resident of VillageBarki Kodhiya, P.S.- Buxar Industrial, District- Buxar. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Dumraon (Naya Bhojpur O.P.) P.S. Case No. 135 of 2016, disclosing offences under Sections 147, 148, 149, 337, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act. From the First Information Report, it appears that the occurrence took place as two groups had entered into some kind of scuffle. The petitioners, who belong to the same family, were in the second group whereas the first group consisted of co-accused Harendra Rai and Shivvaji Rai etc. They are said to have opened fire when the Police arrived at the place of occurrence all the accused persons fled away. On the basis of information given by the Chowkidar, the First Information Report came to be drawn.

Patna High Court Cr.Misc. No.40896 of 2016 (2) dt.26-09-2016 2/2 Learned counsel appearing on behalf of the petitioners has submitted that there is no allegation that any person received any kind of injury. He has further submitted that there is no specific allegation of any overt act against these petitioners. Considering the submissions as above, this application is allowed.

Let the petitioners, above-named, 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 Chief Judicial Magistrate, Buxar in connection with Dumraon (Naya Bhojpur O.P.) P.S. Case No. 135 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 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) Vats/-c U T