Ashok Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69548 of 2018 Arising Out of PS. Case No.-335 Year-2018 Thana- KOILWAR District- Bhojpur ======================================================

1. Ashok Singh,

2. Satyendra Singh,

3. Butan Singh, All Sons of Late Ram Niwas Singh, Resident of Village- Pachauna, Police Station- Koilwar, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Suraj Narain Yadav For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Koilwar P.S. Case No. 335 of 2018 disclosing offences under Sections 341, 323, 307, 504, 506, 379 and 34 of the Indian Penal Code.

It is evident from the FIR that there is a civil dispute between the informant and the persons, who have been made accused. The said dispute is the background in which the occurrence is said to have taken place. The petitioners are said to have assaulted the informant with iron rod and lathi, causing injuries and are also said to have snatched some cash amount from the informant's pocket.

Patna High Court Cr.Misc. No.69548 of 2018(2) dt.17-12-2018 2/2 Learned counsel appearing on behalf of the petitioners contends that the case of the prosecution is malicious and is out of vengeance. The petitioners have no criminal antecedent and the injuries have been found to be simple in nature. Considering the above-noted submission, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in Koilwar P.S. Case No. 335 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/Ragini U T