Anil Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31275 of 2020 Arising Out of PS. Case No.-360 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.
ANIL KUMAR SINGH S/o Late Anirudh Singh Resident of VillageMoresarai, P.S.- Shivsagar, Dist- Rohtas. 2.
Sanjay Singh S/o Late Anirudh Singh Resident of Village- Moresarai, P.S.- Shivsagar, District- Rohtas.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Shankar Choubey, Adv For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-04-2021 Heard learned counsel for the parties.
Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 354, 379 and 448 of the Indian Penal Code.
Informant in his written complaint has alleged that on 24.10.2019 at about 6:00 pm the Informant's nephew was cleaning door, in the meantime, Reshma Kuer came and started abusing and on hearing noise FIR named accused armed with weapons showing pistol to the family members of informant started abusing and assaulting and entered in his room, broken the box and took away ornaments worth Rs. 2,00,000/- of the Informant's wife and Bhavah.
Patna High Court CR. MISC. No.31275 of 2020(2) dt.09-04-2021 2/3 It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to previous enmity. It has been further submitted that this case is counter blast of Shivsagar P.S. Case No. 359 of 2019. Petitioners are accused in Shisagar P.S. Case No. 243 of 2019 in which they are on bail.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Shivsagar P.S. Case No. 360 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at
Patna High Court CR. MISC. No.31275 of 2020(2) dt.09-04-2021 3/3 liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) ranjan/- U