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Patna High CourtCR. MISC./49659/2019bail granted

Bittu Singh v. The State Of Bihar

2019-08-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49659 of 2019 Arising Out of PS. Case No.-165 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== 1.

BITTU SINGH Son of Randhir Singh Resident of Village - Pakdikanth (Ramnagar), P.S.- Lalganj, Dist.- Vaishali.

2.

Bittu Kumar Singh @ Bittu Singh Son of Ram Kishore Singh Resident of Village - Ramnagar, P.S.- Lalganj, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Lalganj P.S. Case No. 165 of 2019, corresponding to GR No. 2622 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act.

The narration of the prosecution case is a story of good conduct of the informant's father and misconduct of his uncles. There is allegation of use of fire-arms against the persons named in the FIR but there is no allegation of any injury caused by fire-arm. It is evident from the First Information Report that it is basically a family feud between the informant and his uncles Mukesh Kumar Sahu and Kanchan Kumar Sah that the occurrence is said to have taken place.

Patna High Court CR. MISC. No.49659 of 2019(2) dt.08-08-2019 2/2 Learned counsel appearing on behalf of the petitioners has submitted that there is nothing specific which can be a ground for denying them privilege of anticipatory bail. I find substance in the submission made on behalf of the petitioners. This application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned CJM, Vaishali at Hajipur in Lalganj P.S. Case No. 165 of 2019, corresponding to GR No. 2622 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and 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) Rajesh/- U T