Patna High CourtCR. MISC./28978/2016bail granted

Anil Singh And ORS v. The State Of Bihar

2016-07-27Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28978 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Anil Singh

2. Sudhir Singh

3. Chumbak Singh @ Sunil Singh All are sons of Shri Maheshwar Singh, resident of village- Parwa, P.S.- Jai Nagar, District -Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-07-2016 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners seek pre-arrest bail in connection with Jai Nagar P.S. Case No. 80 of 2016 registered under Sections 324, 341 and 302/34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that though the petitioners are named in the FIR, no overt act has been alleged against them. The specific overt act is alleged against one Maheshwar Singh, who is alleged to have assaulted with spade on the head of the father of the informant as a result of which he died in course of treatment.

Patna High Court Cr.Misc. No.28978 of 2016 (2) dt.27-07-2016 2/2 Learned counsel for the State concedes that there is no overt act against the petitioners.

Learned counsel for the informant has submitted that the petitioners were present at the time of occurrence along with main accused Maheshwar Singh.

Regard being had to the allegations made in the FIR and the submissions advanced at the Bar, in the event of arrest or surrender in the court below within six weeks from today, the petitioners, namely, Anil Singh, Sudhir Singh and Chumbak Singh @ Sunil Singh are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani in connection with Jai Nagar P.S.Case No.80 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T