Arjun Singh @ Arjun Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56429 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -GHOSI District- JEHANABAD ======================================================
1. Arjun Singh @ Arjun Sharma, Son of Patiram Singh,
2. Pintu Singh @ Pintu Sharma, Son of Arjun Singh,
3. Shashi Kant Singh @ Shashi Kant Kumar @ Shashikand Singh, son of Arjun Singh @ Arjun Sharma,
4. Rahul Kumar, Son of Vinay Sharma, All Resident of Village- Sarma, P.S.- Ghosi, District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate. For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2017 Heard learned counsel for the petitioners and the State.
Learned counsel for the petitioners has submitted that petitioner No. 2 namely, Pintu Singh @ Pintu Sharma, has already been arrested. Therefore, his application for anticipatory bail has become infructuous.
The prayer for anticipatory bail of petitioner No. 2 namely, Pintu Singh @ Pintu Sharma, is dismissed as having become infructuous.
The petitioner No. 1, 3 and 4 apprehend their arrest in Ghosi P.S. Case No. 68 of 2017 instituted for the offence under
Patna High Court Cr.Misc. No.56429 of 2017 (3) dt.05-12-2017 2/3 Sections 147, 341, 447, 323, 504, 379 and 354 of the Indian Penal Code.
It is alleged in the written report that the accused persons armed with lathi, danda etc. came to the house of the informant and assaulted the informant and her husband causing injury on the forehead of the informant and on her other parts of the body.
The injury report of both the injured has been enclosed as Annexure-2 wherein the Doctor has found simple injury on their person.
It is mentioned in the written report that occurrence has taken place on account of land dispute between the parties. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner Nos. 1, 3 and 4 namely, Arjun Singh @ Arjun Sharma, Shashi Kant Singh @ Shashi Kant Kumar @ Shashikand Singh and Rahul Kumar is allowed. In the event of surrender/arrest of the petitioner Nos. 1, 3 and 4, named above, within six weeks from today, in connection with Ghosi P.S. Case No. 68 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 Sri Mukesh Kumar Mishra, learned Sub Divisional
Patna High Court Cr.Misc. No.56429 of 2017 (3) dt.05-12-2017 3/3 Judicial Magistrate, Jehanabad, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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) S.Ali/- U T