Ram Nath Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44033 of 2018 Arising Out of PS.Case No. -134 Year- 2018 Thana -MEERGANJ District- GOPALGANJ ======================================================
1. Ram Nath Singh, S/o Late Bindeshwari Singh,
2. Pankaj Singh @ Laddu Singh S/o Ram Nath Singh, Both are R/o Vill.- Badheya, P.S.- Mirganj, District- Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Kant For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Mirganj P.S. Case No. 134/2018, instituted for the offences punishable under Sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is specific allegation of assaulting the son of the informant against co-accused Vikash Singh, who has already surrendered before the court below. In the written report, there is general and omnibus allegation against these petitioners. It is alleged that petitioner no. 1 had caught hold the son of the informant and petitioner no. 2 had put Gamchha in the neck of the son of the informant. The post-mortem report has been enclosed as
Patna High Court Cr.Misc. No.44033 of 2018 (2) dt.02-08-2018 2/2 Annexure-3 wherein the doctor has found injury on the head of the deceased.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Mirganj P.S. Case No. 134/2018, 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 learned Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down under Section 438(2) of the 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.) Rakhi U T