Beni Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.31807 of 2015 (2) dt.12-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31807 of 2015 Arising Out of PS.Case No. -89 Year- 2013 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Beni Singh Son of Late Ram Chandan Singh Resident of village - Parsaunia, Police Station - Rajepur, District - East Champaran ( Motihari ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Rajepur P.S. case No. 89 of 2013, disclosing offences under Sections 447,323,324,504,307,379/34 of the Indian Penal Code. The allegation against the petitioner is that he assaulted the informant's brother with Lathi causing injuries. Learned counsel appearing on behalf of the petitioner submits, referring to the First Information Report, that no offence under Section 307 of the Indian Penal Code is made out on the basis of the allegations contained in therein, inasmuch as, there is no allegation of intention to kill. The petitioner has no criminal antecedent as

Patna High Court Cr.Misc. No.31807 of 2015 (2) dt.12-08-2015 stated in paragraph 3 of the application.

Accordingly, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikarahana, East Champaran, Motihari in Rajepur P.S. Case No. 89 of 2013, subject to the conditions as 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, and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U