Binay Singh And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.34857 of 2017 (3) dt.31-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34857 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -FATUHA District- PATNA ======================================================
1. Binay Singh, S/o Late Gajadhar Singh
2. Parmatma Singh, S/o Sri Surendra Singh
3. Sri Ram Kumar, S/o Sri Binay Singh
4. Hare Ram Kumar, S/o Sri Binay Singh All R/o- Village- Niyazipur, P.S.- Fatuha, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Binode Bariar, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 31-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Fatuha Police Station Case No. 13 of 2017, disclosing offences under Sections 364, 302, 201 and 120B/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the name of these petitioners have been surfaced in this case merely on suspicion, which is evident from the F.I.R. itself and except suspicion no cogent material has come against the petitioners during course of
Patna High Court Cr.Misc. No.34857 of 2017 (3) dt.31-08-2017 investigation. Moreover, the co-accused, Srikant Kumar, has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 28087 of 2017. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, 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 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Patna City, in connection with Fatuha Police Station Case No. 13 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T