Patna High CourtCR. MISC./21453/2016bail granted

Birja Singh And ANR v. The State Of Bihar

2016-07-28Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21453 of 2016 Arising Out of PS.Case No. -22 Year- 2016 Thana -AMBA District- AURANGABAD ======================================================

1. Birja Singh Son of Late Jadubansh Singh

2. Tubal Singh Son of Birja Singh Both residents of Village : Baliya, P.S. Amba, District : Aurangabad. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner/s : Mr. Anil Kumar Sinha For the Opposite Party/s : Mr. C.Jawahar, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-07-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Learned counsel for the petitioner seeks liberty to withdraw the application against the petitioner no. 1 as he has already been taken into custody.

Liberty is granted.

Hence, the case against the petitioner no. 1 stands dismissed as withdrawn.

The petitioner no.2 is apprehending his arrest in connection with Aurangabad Amba P. S. Case No. 22 of 2016 registered for the offences punishable under Sections 147, 148, 149, 448, 341, 323, 325, 307, 379, 354, 504 and 506 of the India Penal Code and Section 27 of the Arms Act.

Patna High Court Cr.Misc. No.21453 of 2016 (3) dt.28-07-2016 2/2 Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. The main allegation is against, namely, Deepak Kumar and Raushan Kumar and not against this petitioner.

Learned counsel for the petitioner has also filed supplementary affidavit containing the injury report, which goes to reveal that the injuries are simple, but so far as the petitioner is concerned, the same has not been attributed to him. Considering the aforementioned facts and circumstances and that the petitioner has got no criminal antecedent, let the petitioner no. 2, in the event of his arrest/surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Amba P.S. Case No. 22 of 2016 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Anjana Mishra, J.) Mishra/- U T