Sachida Nand Singh @ Sachida Nand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34286 of 2020 Arising Out of PS. Case No.-167 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Sachida Nand Singh @ Sachida Nand Sharma son of Baidya Nath Singh R/o Village- Walipur P.S.- Pipariya, District- Lakhisarai. 2.

Chandan Kumar Singh @ Chandan Singh Son of Baidya Nath Singh R/o Village- Walipur P.S.- Pipariya, District- Lakhisarai. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 302, 120(B), 34 of the Indian Penal Code and 27 of the Arms Act in which sections 25(1-b)a, and 26(i) were added subsequently.

The prosecution case, in short, is that while the father of the informant was at his dalan, the accused persons, variously armed, came and fired due to which he died.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.34286 of 2020(2) dt.22-03-2021 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The allegation of firing upon the deceased is alleged against co-accuseds namely Ranjit Singh, Dillan Singh and Dilkhush Kumar Singh. There is no allegation of assault alleged against the petitioners. The petitioners are said to be members of unlawful assembly.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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, Lakhisarai in connection with Lakhisarai P.S. Case No. 167/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T