Dharmendra Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73722 of 2018 Arising Out of PS. Case No.-29 Year-2017 Thana- PANJWARA District- Banka ======================================================
1. Dharmendra Kumar Singh, Son of Late Jawahar Prasad Singh, Resident of barahat, P.S.- Barahat, District Banka
2. Vijay Kumar Singh @ Vijay Singh, Son of Kewal Prasad Singh, Resident of Bansipur, P.S.- Banka, District- Banka ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar For the Opposite Party/s :
Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2019 This is an application for grant of anticipatory bail in connection with Panjwara P.S. Case No. 29 of 2017, disclosing offences under Section 304 of the Indian Penal Code. Allegation as per F.I.R. is that the brother of the informant was dashed by petitioner no.2, who is driver of JCB and the petitioner no.1 is said to be the owner of JCB. Submission of learned counsel for the petitioners is that petitioner no.1 has given the JCB to one Lalit Kishore, which will appear from Annexure-2.
Heard learned A.P.P. also.
Having heard both sides, considering the above submission, so far petitioner no.1 is concerned, this application is allowed. Let petitioner no.1, above named, in the event of his
Patna High Court Cr.Misc. No.73722 of 2018(3) dt.25-01-2019 2/2 arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka, in connection with Panjwara P.S. Case No. 29 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
So far petitioner no.2 is concerned, I am not inclined to grant anticipatory bail to him, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T