Seth Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50846 of 2017 Arising Out of PS. Case No.-111 Year-2017 Thana- DARAUNDHA District- Siwan ======================================================

1. Seth Singh son of Late Ramjanam Singh

2. Vinod Singh son of Seth Singh Both resident of Village- Purvi Harsar, P.S.- Daraunda, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mr. MD. NAZIR ANSARI ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and the State. The petitioners are languishing in custody since 17.08.2017 in connection with Daraunda P.S. case no. 111 of 2017, registered under Sections 147,148,149, 341,323,325, 353 and 307 of the I.P.C.

The sister of the victim lodged the case alleging that the two petitioners, being father and son, along with two others assaulted her brother with iron rod etc.

Learned counsel submits that the allegation of assault is general. Both the parties are logged in litigation. The brother of

Patna High Court Cr.Misc. No.50846 of 2017(2) dt.09-11-2017 2/3 the informant was accused in murder of grand son of petitioner no.1. He is also accused in one another case. He refers to Annexures 2 and 3.

Learned counsel for the informant, on the other hand, submits that apart from the present case, the petitioners are also accused(s) in another case lodged by the prosecution. Learned counsel for the petitioners states that two other accused(s) of the present case, in the facts and circumstances, have been granted the privilege of anticipatory bail vide order dated 7.11.2017, passed in Cr. Misc. no. 48641 of 2017.

In view of the above, this Court is inclined to release the petitioners on bail. Let the petitioners, above named, 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 A.C.J.M. XI, Siwan /concerned Court, in connection with Daraunda P. S. Case No. 111 of 2017, subject to the condition that one of the bailors of each of the petitioners shall be their own/close family member and no sooner the charges are framed in the case, the petitioners shall appear in person on each date fixed at the trial. In case of defaults on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioners and secure

Patna High Court Cr.Misc. No.50846 of 2017(2) dt.09-11-2017 3/3 their arrest in accordance with law.

(Kishore Kumar Mandal, J) shyambihari/- U T