Patna High CourtCR. MISC./51596/2018bail granted

Komal Singh And ORS v. The State Of Bihar

2018-09-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51596 of 2018 Arising Out of PS. Case No.-10 Year-2018 Thana- SAMHO District- Begusarai ======================================================

1. Komal Singh,

2. Anil Singh.

3. Shaligram Singh, All Sons of Late Bashuki Singh.

4. Manoj Singh @ Manoj Kumar, Son of Late Ramnandan Singh. All residence of Village- Purani Dih, P.S.- Samho, DistrictBegusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 452, 380, 323, 354, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in short, is that the accused persons including the petitioner abused and assaulted the informant, due to which he sustained injuries. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners has falsely been implicated in the present case due to previous enmity. In course of occurrence

Patna High Court Cr.Misc. No.51596 of 2018(2) dt.28-09-2018 2/2 none is said to have been injured. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai in connection with Samho P.S. case No.10 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T