Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23489 of 2016 Arising Out of PS.Case No. -67 Year- 2015 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ======================================================

1. Bhushan Singh Son of Sri Rameshwar Singh, Resident of VillageMatiaya , PS- Tisiauta, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Tisiauta P.S. Case No. 67 of 2015 registered under Section 302/34 of the Indian Penal Code.

It is contended by the learned counsel for the petitioner that though there is allegation in the FIR that altogether seven named accused assaulted the father of the informant with brick-bats, fists and slaps, the post-mortem report would reveal that he had sustained only one injury in his chest. It is further contended that the co-accused Savitri Devi and Jainath Singh, whose case is identically situated to that of the petitioner, have already been granted anticipatory bail by a Bench of this Court

Patna High Court Cr.Misc. No.23489 of 2016 (2) dt.26-05-2016 2/2 vide order dated 03.05.2016 passed in Cr.Misc. No. 15632 of 2016. Similarly, co-accused Sharda Devi and Rameshwar Singh have been granted anticipatory bail by another Bench of this Court vide order dated 24.05.2016 passed in Cr.Misc No. 23281 of 2016.

The submissions advanced by the learned counsel for the petitioner have not been disputed by the learned counsel for the State.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner Bhushan Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Vaishali in connection with Tisiauta P.S. Case No. 67 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T