Monti Singh @ Akshay Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19802 of 2018 Arising Out of PS.Case No. -60 Year- 2015 Thana -BHADAURA District- PATNA ======================================================
1. Monti Singh @ Akshay Kumar, son of late Manoj Singh @ Satha, resident of village - Dharseni, P.S. Barbigha, District Sheikhpura,
2. Sonu Kumar @ Sonu Singh, son of Ramanuj Singh, resident of village - Dharseni, P.S. Barbigha (Kebti O.P.), District - Shekhpura,
3. Paltan Singh, son of Ram Naresh Singh, resident of village - Sahakurha, P.S. Jamui, District Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Bhadaur P.S. Case No.60 of 2015 instituted for the offence under Section(s) 307, 302, 120-B/34 Indian Penal Code and Section 27 of the Arms Act.
Counsel for the petitioners has submitted that petitioners are not named in the First Information Report. In the First Information Report, thirteen persons have been named as accused. Name of the petitioners has come during investigation after about one year of the occurrence on 16.12.2016 in the
Patna High Court Cr.Misc. No.19802 of 2018 (3) dt.27-04-2018 2/3 confessional statement of accused Raghunath Singh. Counsel for the petitioners has further submitted that accused persons, who are named in the First Information Report, have been granted privilege of anticipatory by a co-ordinate Bench of this Court by order dated 09.09.2016 passed in Cr. Misc. No.13441 of 2016.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bhadaur P.S. Case No.60 of 2015, 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 the Additional Chief Judicial Magistrate, Barh, Patna, 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 bonds and (3) if petitioners tamper with the evidence or the witnesses of the case,
Patna High Court Cr.Misc. No.19802 of 2018 (3) dt.27-04-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T