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Patna High CourtCR. MISC./54460/2018bail granted

Rajesh Kumar Singh And ANR v. The State Of Bihar

2018-10-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54460 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- DARAUNDA District- Siwan ======================================================

1. Rajesh Kumar Singh

2. Dipak Kumar Singh@ Dipak Singh Both are Sons of late Kanhaiya Singh Resident of Village- Sawan Bigha Tole, P.S. Daraunda, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 307, 279, 337, 338 and 34 of the Indian Penal Code.

The prosecution case, in short, is that in the back drop of previous enmity, while the informant was on the way, he was deliberately dashed by vehicle driven by accused person with whom he has previous enmity.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. There is a case and counter case between the parties. The alleged occurrence is said to have taken place due

Patna High Court Cr.Misc. No.54460 of 2018(2) dt.05-10-2018 2/2 to previous enmity. The nature of injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. 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) each with two sureties of the like amount each to the satisfaction of learned learned A.C.J.M. -XI, Siwan in connection with Daraunda P.S. Case No. 73/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T