Baij Nath Singh And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.4097 of 2016 (2) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4097 of 2016 Arising Out of PS.Case No. -407 Year- 2015 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Baij Nath Singh Son of Late Jai Narain Singh

2. Ajeet Singh, S/o Baij Nath Singh Both resident of Mohalla - K.G. Road Nawadah, P.S. - Ara Nawadah, District - Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s Mr. Shailendra Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.02.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

According to the prosecution case itself, when scuffle started between the parties, petitioners and other accused were unarmed and it was petitioner no.1 who ordered others to kill the deceased and thereafter, co-accused Sumit Singh assaulted the deceased with brick. So far as petitioner no.2 is concerned, no specific overt-act has been attributed against him. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Ara (Nawadah) P.S. Case no. 407/2015. shahid (Hemant Kumar Srivastava,J) U T