Anil Singh @ Anil Sharma And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38595 of 2014 Arising Out of PS.Case No. -203 Year- 2013 Thana -PALIGANJ District- PATNA ======================================================
1. Anil Singh @ Anil Sharma, son of Girija Nand Singh
2. Bittu Singh
3. Mitthu Singh Both sons of Tuntun Singh. All resident of Village- Meva, P.S. Paliganj, District- Patna.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Akhauri Kamal Kishore Sahay, Advocate. For the Opposite Party : Mr. P.K.Chaurasia (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-04-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.
In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 341, 323, 325, 307 and 385/504 of the I.P.C and Section 27 of the Arms Act.
Allegedly, the petitioner no.1 used to demand ransom from the son of the informant and due to non fulfillment petitioners being armed came at the informant's house, then the informant raised alarm and petitioner no.1 caused injury to the informant by knife and petitioner nos. 2 and 3 also assaulted him by iron rods causing fracture injury in his hand and further they
Patna High Court Cr.Misc. No.38595 of 2014 (2) dt.03-04-2015 2/2 opened indiscriminate firing. Petitioner no.3 took away cash of Rs. 3,000/-.
Submission is of false implication and that there is case and counter case. This case has been lodged after delay of four days. Petitioner no.1 lodged Paliganj P.S. Case No. 197 of 2013 on 17.07.2013 and thereafter the present case has been lodged on 21.07.2013. The injury does not substantiate the prosecution version.
The learned A.P.P. opposes prayer of pre-arrest bail. Considering that there is case and counter case and FIR of this case has been lodged after delay of four days and as such the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall 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. A.C.J.M. Danapur, Patna in Paliganj P.S. Case No. 203 of 2013, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T