Sunil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46931 of 2019 Arising Out of PS. Case No.-119 Year-2019 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.
SUNIL SINGH Son of Late Chandrika Singh 2.
Ritesh Kumar Son of Sunil Singh 3.
Rupesh Kumar Son of Sunil Singh 4.
Agyanti Devi @ Naganti Devi Wife of Sunil Singh All are resident of Village - Narhat, P.S.- G.B. Nagar, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Pandey For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with G.B. Nagar P.S. Case No. 119/2019 registered for the offense punishable under Sections 341/323/324/307/379/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that on account of previous land dispute, there was some altercation between the parties, but Agyanti Devi @Naganti Devi was seriously injured in the occurrence which led to the filing of Annexure-2. It is further submitted that so far as the allegations
Patna High Court CR. MISC. No.46931 of 2019(2) dt.29-07-2019 2/3 against the present petitioners are concerned they are general and omnibus in nature and the injuries have been found to be simple in nature. He, however, submits that a perusal of Annexure-2 itself indicates that the injury report of Agyanti Devi @Naganti Devi was annexed to the complaint petition itself which indicates that the injuries were grievous in nature. It is next submitted that the present petitioners have been falsely implicated in the present case and there being case and counter case between the parties with injuries on both sides, they may be extended the privilege of pre-arrest bail.
Considering the aforementioned facts and circumstances, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan, in connection with G.B. Nagar P.S. Case No. 119/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C., subject to the following conditions:
(1) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or his wife.
Patna High Court CR. MISC. No.46931 of 2019(2) dt.29-07-2019 3/3
(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.
(3) The petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T