Patna High CourtCR. MISC./41291/2017bail granted

Pandit Singh @ Harendra Singh And ANR v. The State Of Bihar

2017-09-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41291 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -DEO District- AURANGABAD ======================================================

1. Pandit Singh @ Harendra Singh, Son of Ram Pravesh Singh

2. Amit Singh @ Buchan Singh, Son of Binay Singh Both residents of Village Sudi Bigha P.S. Deo District Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate. For the Opposite Party/s : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Deo P.S. Case No. 50 of 2017 instituted for the offence under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code. In the instant case there is allegation that co-accused Dhirendra Singh along with other accused persons assaulted the informant with fists and slaps.

The injury report of the informant has been annexed as Annexure-3 wherein the Doctor has found simple injury on the person of the informant.

Learned counsel for the petitioner has submitted that other co-accused persons with similar allegation have been granted anticipatory bail by this Court vide order dated 10.08.2017 passed in Cr. Misc. 37027 of 2017.

Patna High Court Cr.Misc. No.41291 of 2017 (2) dt.07-09-2017 2/2 From the written report it appears that there is general and omnibus allegation against the petitioner.

Counsel for the informant has appeared and opposed the prayer for anticipatory bail of the petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Deo P.S. Case No. 50 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.