Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7409 of 2016 Arising Out of PS.Case No. -6 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Santosh Singh Son of Radhkant Singh, Resident of Village - Dubaha, P.S. - Madhuban, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Yadav For the Opposite Party/s : Mr. Manoj Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-03-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Madhuban Police Station Case No. 06 of 2015, disclosing offences under Sections 448, 307, 504, 506 of the Indian Penal Code and Section 25 (1-b)a/26 of the Arms Act.

Learned Counsel appearing on behalf of the petitioner submits that no offence under Section 307 of the Indian Penal Code is made out even if the allegation as contained in the First Information Report is taken to be true. He further submits that for the offences under the Arms Act, under which the petitioner has been made accused, is bailable. On the background of the allegation that arms and ammunition were recovered by the private

Patna High Court Cr.Misc. No.7409 of 2016 (3) dt.28-03-2016 2/2 persons and produced before the police, it is submitted that it is purely out of animosity between the family of the informant and the petitioner that the present case has been instituted.

Considering the facts and circumstances of the present case, this application is allowed.

Let the petitioner, Santosh Singh, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikarhana at Motihari, in connection with Madhuban Police Station Case No. 06 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √