Sudama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27596 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -DARIHAT District- SASARAM (ROHTAS) ======================================================

1. Sudama Singh, son of Durga Singh, Resident of Village- Nand Tola, Hurka, P.S. Darihat, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Darihat P.S.Case No. 101 of 2017, registered for offences punishable under Sections 147, 148, 149, 186, 341, 323, 504, 506, 337, 338, 332, 427, 333, 307, 120 (B) and 353 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner along with other co-accused persons involved in several other illegal mining work and when police force apprehended the three accused persons, they assaulted by lathi, danda and tried to kill them by pressing neck.

Submission of the learned counsel of the petitioner is that there is no any specific allegation has been attributed against

Patna High Court Cr.Misc. No.27596 of 2018 (2) dt.10-05-2018 2/3 the petitioner and other accused persons in similar type of occurrence, have been granted the privilege of anticipatory bail by Co-ordinate Bench of this Court vide order dated 01.02.2018 passed in Cr. Misc. No. 6403 of 2018 and vide order dated 17.02.2018 passed in Cr. Misc. No. 7327 of 2018. Learned A.P.P. opposes the prayer for bail . Having heard both sides and in view of the facts that the similarly situated co-accused have granted privilege of anticipatory bail, let the petitioner above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.

M., Dehri, Rohtas in connection with Darihat P.S.Case No. 101 of 2017, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure. With following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

ii) The petitioner will not induce any witness or

Patna High Court Cr.Misc. No.27596 of 2018 (2) dt.10-05-2018 3/3 tamper with the evidence.

iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) Sudha/- U T