Radhey Shyam Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5280 of 2018 Arising Out of PS.Case No. -45 Year- 2017 Thana -FESHAR District- AURANGABAD ======================================================
1. Radhey Shyam Singh, son of late Nageshwar Singh
2. Shashi Ranjan Singh @ Niranjan Singh, son of Radhey Shyam Singh Both are resident of village Banshekhap, P.S. Phesar, Distt. Aurangabad (Bihar).
3. Lalita Devi @ Lalti Devi, wife of Purushotam Singh, daughter of Radhey Shyam Singh, r/o village Nehuta, P.S. Aurangabad (M), Distt. Aurangabad.
4. Amrendra Kumar Singh @ Amrendra Kumar Singh, son of late Tapeshwar Singh, r/o village Jiwa Bigha Khaira, P.S. Amba, Distt. Aurangabad.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Fesar P.S. Case No. 45 of 2017 instituted for the offence under Sections 341, 323, 342, 325, 338, 307, 504, 379 and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is case and counter case between the parties and both parties have compromised the case. The injuries found on the persons from informant sides were simple in nature which is enclosed as Annexure-3. It has further been submitted that in the counter case, the accused person has already been granted anticipatory bail by this Court vide order dated 23.01.2018 passed in Cr. Misc. 3007 of 2018.
Patna High Court Cr.Misc. No.5280 of 2018 (3) dt.03-04-2018 2/2 Considering the facts and circumstances of the case, 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 Fesar P.S. Case No. 45 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 learned Additional Chief Judicial Magistrate-V, Aurangabad (Bihar), 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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.