Sudhir Singh @ Sudhir Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29252 of 2016 Arising Out of PS.Case No. -76 Year- 2015 Thana -AJIMABAD District- BHOJPUR =====================================

1. Sudhir Singh @ Sudhir Kumar son of Bhim Singh,

2. Vikash Singh @ Vikash Kumar Singh son of Keshri Singh, Both are resident of Village- Shevtha, P.S.- Sahar, DistrictBhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Madan Jeet Kumar For the Opposite Party/s : Mr. Binod Kumar ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ajimabad P.S. Case No. 76 of 2015, disclosing offences under Sections 147, 148, 149, 323, 448, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that all the offences under the provisions of

Patna High Court Cr.Misc. No.29252 of 2016 (2) dt.20-08-2016 2/3 Indian Penal Code are bailable and the offence under Section 27 of the Arms Act is the only provision, which is non-bailable under which, the present First Information Report has been lodged. He has contended that there is case and counter case and the dispute arose over payment of price of diesel to the petitioners.

The petitioners have no criminal antecedent, as stated in paragraph 3 of the application.

Considering the fact that there is case and counter case for the same occurrence, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Ajimabad P.S. Case No. 76 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 petitioners, above named, shall present themselves before the police/Court, as the case may be, as and

Patna High Court Cr.Misc. No.29252 of 2016 (2) dt.20-08-2016 3/3 when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T