Santosh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40381 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -JAMUI District- JAMUI ======================================================

1. Santosh Singh,

2. Kailash Singh,

3. Sanjeet Singh.

4. Pintu Singh.

5. Mantosh Singh @ Mantosh Kumar Singh. All sons of Ram Nagina Singh.

6. Ram Nagina Singh, Son of Late Bhunhwar Singh, R/o Village- Neema Rang P.S. and Distt. Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Jamui P.S. Case No. 84 of 2017 instituted for the offence under Sections-341, 323, 324, 504,506/34 of the Indian Penal Code.

As per written report, there is specific allegation against Santosh Singh and Kailash Singh (petitioner Nos. 1 & 2) of assaulting the informant with sword and iron rod on the head of the informant. It is further alleged that other accused persons assaulted the father of the informant on head with sword to which he tried to save with his hand and due to which, he sustained injury in his hand. The injury report of the informant and his father are annexed as Annexures-2 & 3 to this petition. The doctor has found the injury on the person of father of

Patna High Court Cr.Misc. No.40381 of 2017 (2) dt.22-09-2017 2/3 informant to be simple in nature. The doctor found injury Nos. 1 & 2 on the person of the informant to be grievous in nature. The informant has sustained altogether nine injuries.

Therefore, this court is not inclined to grant anticipatory bail to petitioner Nos. 1 & 2. Accordingly, prayer for anticipatory bail of petitioner Nos. 1 & 2. Accordingly, the same is rejected. The petitioner Nos. 1 & 2 are directed to surrender in the court below and seek regular bail, which will be considered on its own merit without being prejudiced by this order. So far as rest four petitioners are concerned, there is general and omnibus allegation against them.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner Nos. 3 to 6 named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Jamui P.S. Case No. 84 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Jamui subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner Nos. 3 to 6 shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will

Patna High Court Cr.Misc. No.40381 of 2017 (2) dt.22-09-2017 3/3 automatically cancel bail bond of the petitioner and (3) if petitioner Nos. 3 to 6 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 petitioner Nos. 3 to 6 .

(Sanjay Priya, J) A.K.V./- U T