Santu Singh @ Santu Kumar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42944 of 2016 Arising Out of PS.Case No. -167 Year- 2016 Thana -MANER District- PATNA ======================================================
1. Santu Singh @ Santu Kumar Singh son of Ram Pukar Singh
2. Ram Pukar Singh son of Late Shiv Nandan Singh Both Resident of Village-Rewa, P.S. Maner, District-Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Smt. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Maner P.S. Case No. 167 of 2016, disclosing offences under Sections 147, 148, 149, 323, 307, 379 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
Learned Senior Counsel appearing on behalf of the petitioners has submitted that there is civil dispute pending between the parties and that the present case making false allegation has been filed on 01.04.2016 in retaliation to earlier case lodged at the instance of petitioner No. 2 on 29.03.2016 which gave rise to Complaint Case No. 322 (C) of 2016 before learned Additional Chief Judicial Magistrate, Danapur. He has further submitted that though there is allegation of commission of
Patna High Court Cr.Misc. No.42944 of 2016 (2) dt.25-10-2016 2/2 offence under Section 307 of the Indian Penal Code, no one appears to have received any injury.
Considering the submissions as above, this application is allowed.
Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Danapur in connection with Maner P.S. Case No. 167 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/-c U T