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Patna High CourtCR. MISC./57573/2017bail granted

Vikky Kumar Singh @ Vikky Singh @ Vikky Kumar And ANR v. The State Of Bihar

2017-12-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57573 of 2017 Arising Out of PS.Case No. -277 Year- 2016 Thana -SONEPUR District- SARAN ======================================================

1. VIKKY KUMAR SINGH @ VIKKY SINGH @ VIKKY KUMAR, S/o Sri Ajay Kumar Singh @ Ajay Singh,

2. Nandan Kumar Singh @ Nandan Kumar S/o Sri Ranjan Kumar Singh @ Ranjan Singh, Both Village- Paharichak, P.S.- Sonepur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Sonepur P.S. Case No. 277/2016, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 354, 384, 385, 379 and 504 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the informant is the vendee of a land belonging to joint family of the petitioners and others. A partition suit is also pending. The sale of land in favour of the informant is being objected by the petitioners and in retaliation the case has been lodged. It has also been submitted that in the First Information Report, no motive has been assigned against the petitioners which makes the entire

Patna High Court Cr.Misc. No.57573 of 2017 (2) dt.13-12-2017 2/2 prosecution even doubtful.

I find substance in the submission, so advanced by the petitioners, 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 bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Ist, Saran at Chapra in connection with Sonepur P.S. Case No. 277/2016, subject to the condition 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vinita/- U T