Sushil Sinha @ Sushil Kumar Sinha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3317 of 2018 Arising Out of P.S.Case No. -237 Year- 2017 Thana -BANMANKHI District- PURNIA ======================================================
1. Sushil Sinha @ Sushil Kumar Sinha, S/o Late Bindeshwari Prasad,
2. Abodh Sinha @ Awadhesh Sinha @ Awadhesh Prasad S/o Late Bindeshwari Prasad,
3. Raja Sinha S/o Abodh Sinha @ Awadhesh Sinha @ Awadhesh Prasad All R/o Village- Pipra Ward No. 3, P.S.- Banmankhi, District- Purnea. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party : Smt. Veena Rani Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-02-2018 Heard.
2. The petitioners apprehend arrest in connection with Banmankhi P.S.Case No.237 of 2017 registered for an offence under Section 307 and other Sections of the IPC.
3. It has been submitted that both the parties are resident of same place and on the date of occurrence she-goat of the informant entered into the campus of the petitioner Sushil Sinha where altercation and occurrence of assault took place for which case and counter cases have been lodged. The injuries allegedly sustained by the informant and his family members are simple in nature which finds supports from the injury report annexed with this application. Petitioners have clean antecedent.
Patna High Court Cr.Misc. No.3317 of 2018 (2) dt.02-02-2018 2/2
4. However, learned APP opposed the submissions.
5. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today 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 CJM, Purnia in connection with Banmankhi P.S.Case No.237 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T