Birendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58187 of 2015 Arising Out of PS.Case No. -301 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Birendra Singh, Son of: Late Laxmi Singh.

2. Dipak @ Dipak Kumar Singh, Son of : Birendra Singh.

3. Prahlad @ Prahlad Singh, Son of : Birendra Singh. All Residents of Village: Budhanpurva, P.S. Buxar (Town), District: Buxar. At present New Police Line Road, Western Side, P.S. Buxar (M), District: Buxar. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Satyapal Singh, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Buxar (M) P.S. Case No. 301 of 2015, disclosing offences under Sections 147, 341, 323, 307 and 427 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners, referring to the allegation as contained in the First Information Report, submits that no case under Section 307 of the Indian Penal Code is made out inasmuch as there is no allegation that any weapon was used to cause assault upon the informant. The

Patna High Court Cr.Misc. No.58187 of 2015 (2) dt.30-01-2016 2/2 petitioners no. 2 and 3 are sons of petitioner no. 1. It has been contended that the petitioners have been falsely implicated out of personal grudge and animosity.

Considering the nature of accusation against these petitioners, 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 Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No. 301 of 2015, 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/- U T