Mahavir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76932 of 2018 Arising Out of PS. Case No.-83 Year-2017 Thana- SURYAPUR District- Rohtas ====================================================== Mahavir Singh Son of Late Ram Bachan Singh, Resident of Village- Barun Tand, Police Station- Suryapura, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramashray Roy For the Opposite Party/s :

Mr.Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Suryapur P.S. Case No. 83 of 2017, disclosing offences punishable under Sections 341, 323, 504, 379, 354, 34 of the Indian Penal Code and Section 27 of the Arms Act. There is vague allegation in the first information report against the petitioner along with other persons named in the first information report of having assaulted the informant with slaps and fists. It is also apparent that the occurrence had taken place because of some property dispute between the parties. There is allegation of opening fire by co-accused Chandan Singh with his licensed rifle. There is allegation

Patna High Court Cr.Misc. No.76932 of 2018(2) dt.16-01-2019 2/2 against the petitioner of having pulled the informant. Considering the nature of accusation, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Suryapur P.S. Case No. 83 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U