Shyam Kishore Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44116 of 2018 Arising out of P.S.Case No. -13 Year- 2017 Thana -SHANKARPUR District- MADHEPURA ======================================================
1. Shyam Kishore Singh, Son of Late Bindeshwari Singh.
2. Balajee Alias Chhotu Singh @ Chhotu, Son of Tribhuwan Singh, Both Residents of Village- Garha, P.S.- Shankarpur, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, A.P.P. For the Opposite Party/s : Mr. Shailendra Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2018 Heard the parties.
The petitioners seek anticipatory bail in connection with Shankarpur P.S.Case No. 13 of 2017 G.R. No. 242 of 2017,, registered for offences punishable under Sections 341, 323, 379, 385, 504 and , 506/34 of the Indian Penal Code. Allegation against the petitioners is that the petitioner No.1 ordered to assault to the informant, upon which co-accused Tribhuwan Singh assaulted with rod to the informant, causing injury and also snatched Rs. 25,000/- from the pocket of the informant..
At the very outset it has been submitted by the learned counsel for the petitioners that they were already on police bail
Patna High Court Cr.Misc. No.44116 of 2018 (2) dt.26-07-2018 2/2 under the provisions of Section 41 (2) Cr.P.C. and they had not misused the privilege of police bail. It is further submitted that they have been falsely implicated in this case due to land dispute between the petitioner and the informant and the petitioners have clean antecedents.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioners, above named, surrender before the Court below and make prayer for regular bail, which will be considered by the learned court below considering that earlier the petitioners were on police bail before the police and they have not misused the same and will dispose of the prayer for bail of the petitioners, if possible on same day. This application is accordingly disposed of . (Vinod Kumar Sinha, J) Sudha/-sunil U T