Mulayam Singh @ Manish Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19497 of 2018 Arising Out of PS.Case No. -18 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) ======================================================
1. Mulayam Singh @ Manish Kumar, Son of Uma Shankar Singh.
2. Hanslal Singh, Son of Baban Singh
3. Uma Shankar Singh, Son of Late Lalit Singh
4. Chhotan Singh, Son of Late Manejar Singh, All resident of Hurhara, P.S. Dinara, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate. Mr. Bikram Deo Singh, Advocate.
For the State : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Dinara P.S. Case No. 18 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 324, 384, 379 and 504 of the Indian Penal Code. It has been submitted that petitioners have clean antecedent. The instant case is counter blast of Complaint Case No. 66 of 2017 filed by Uma Shankar Singh (petitioner No. 3) against the informant and others. It has further been submitted that there was "Sarswati Puja" on the date of occurrence and for that decoration of "Rangoli" etc. was designed. Thereafter, when the
Patna High Court Cr.Misc. No.19497 of 2018 (3) dt.20-04-2018 2/2 tractor of informant crossed the Puja Pandal, the "Rangoli" was crushed, on account of which, the altercation took place. 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 Dinara P.S. Case No. 18 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, Rohtas, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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.Ali/- U T