Dinanath Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19002 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================
1. Dinanath Singh, Son of Ram Pragash Singh
2. Nepali Singh, Son of Late Ram Swarath Singh
3. Amrendra Singh, Son of Late Ram Swarath Singh
4. Nagendra Singh, Son of Late Ram Swarath Singh
5. Arvind Singh, Son of Dahu Singh. All are residents of Village- Dhimoi, P.S.- Harnaut (Gokulpur O.P.), District- Nalanda at Biharsharif (Bihar). .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. S.Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Harnaut (Gokulpur O.P.) P.S. Case No. 34 of 2016, disclosing offences under Sections 147, 148, 149, 341 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
It is submitted on behalf of the petitioners that as per the First Information Report, at the instance of co-accused Ram Pragash Singh, co-accused Jitendra Singh had fired, causing injury on the right palm of the nephew of the informant. Learned counsel appearing on behalf of the petitioners has submitted that no role or any specific overt act has been alleged against these petitioners. Petitioners No. 1 to 4 belong to
Patna High Court Cr.Misc. No.19002 of 2016 (2) dt.10-05-2016 2/2 the same family and are agnates of the informant. There is counter case also, lodged by the wife of petitioner No. 4, being Harnaut P.S. Case No. 35 of 2016.
Considering the submission and the fact that no specific overt act has been alleged against these petitioners, this application is allowed.
Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIIth, Nalanda at Biharsharif in connection with Harnaut (Gokulpur O.P.) P.S. Case No. 34 of 2016, 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) Vats/- U T