Saroj Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44363 of 2018 Arising Out of PS.Case No. -261 Year- 2018 Thana -BUXAR District- BUXAR ======================================================
1. Saroj Singh, S/o late Ramashish Singh,
2. Ajay Singh S/o Late Ramashish Singh,
3. Jagmohan Singh S/o Late Ramashish Singh, All R/o Vill.- Jagdishpur, P.S.- Buxar (M), District- Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard the parties.
The petitioners seek regular bail in connection with Buxar (T) P.S.Case No..261 of 2019 registered for offences punishable under Sections 302, 307, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioners is that they surrounded the deceased and the petitioners were lashed with weapons and the allegation of firing is against other accused persons. Submission of the learned counsel for the petitioners is that though the petitioners are named in the FIR but there is no allegation of firing or any assault by the petitioners and they are in custody since 30.5.2018 and the another co-accused person has been granted bail by a Co-ordinate Bench of this Court, vide order
Patna High Court Cr.Misc. No.44363 of 2018 (3) dt.04-09-2018 2/2 dated 23.7.2017 passed in Cr. Misc. No.43755 of 2018. Heard learned A.P.P. and the learned counsel for the informant.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of CJM, Buxar in connection with Buxar (T) P.S.Case no.261 of 2018 dated 19.5.2018 With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T