Shankar Singh @ Shri Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75749 of 2018 Arising Out of PS. Case No.-1095 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== Shankar Singh @ Shri Shankar Singh, Son of Late Bachan Singh, Resident of Village- Maharaniya, P.S.- Darigaon, Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha For the Opposite Party/s :

Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2018 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-1 of the main application in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 452, 341, 323, 324, 380, 307 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant was sleeping in his house, thieves entered in his house and on alarm being raised by the people, the informant awoke and saw the thieves fleeing away.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.75749 of 2018(2) dt.18-12-2018 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There is case and counter case between the parties. Both parties are said to have been injured in free fight. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Darigaon P.S. Case No. 1095 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T