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Patna High CourtCR. MISC./55187/2018bail granted

Mantu Singh And ANR v. The State Of Bihar

2018-12-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55187 of 2018 Arising Out of PS. Case No.-50 Year-2018 Thana- BARHIYA District- Lakhisarai ======================================================

1. Mantu Singh, S/o Raja Ram Singh,

2. Arun Singh S/o Sagar Singh, Both R/o Vill.- Kutha Dih, P.S.- Barhiya, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in brief, is that the accused persons assaulted the informant's brother with lathi and gun as a result of which, the informant's brother sustained injury and in course of treatment he died.

It has been submitted on behalf of the petitioner No. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation of assault has been made against the

Patna High Court Cr.Misc. No.55187 of 2018(3) dt.03-12-2018 2/2 petitioners and the other co-accused persons. No specific injury has been attributed to the petitioners. The other co-accused namely Rakesh Kumar with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 29-08-2018 passed in Cr. Misc. No. 38809 of 2018. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Barhiya P.S. Case No. 50 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T