Bindeshwar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63942 of 2018 Arising Out of PS. Case No.-397 Year-2018 Thana- DANAPUR District- Patna ======================================================
1. Bindeshwar Singh, Son of Nageshwar Singh
2. Bittu Kumar Singh @ Bittu Singh, Son of Bindeshwar Singh Both are Residents of Village- Choudharana Gurudwara, Road, Danapur, P.S. Danapur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :Mr. Suraj Narain Pd. Sinha, Sr. Adv.
For the Informant :Mr. Dhaneshwar Pd. Gupta, Adv.
For the Opposite Party/s :Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2018 Heard Mr. Suraj Narain Prasad Sinha, learned Senior Advocate for the petitioners, Mr. Dhaneshwar Prasad Gupta, learned Advocate for the informant and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State.
The petitioners seek bail in anticipation of their arrest connection with Danapur P.S. Case No. 397 of 2018,
Patna High Court Cr.Misc. No.63942 of 2018(2) dt.13-12-2018 2/3 dated 19.08.2018, instituted for the offences under Sections 143, 149 and 302 of the I.P.C.
Mr. Suraj Narain Prasad Sinha, learned Senior Advocate for the petitioners has submitted that there is no eye-witness to the occurrence and only because the petitioners were seen along with the deceased sometimes back, they have been made accused in this case. The suspicion against the petitioners and others, it has been argued, is absolutely unfounded. In fact, there has been a spate of litigation between the parties and in fact those are the cases against the petitioners about which, reference has been made in paragraph 3 of the case diary.
Mr. Sinha, learned Senior Advocate, has also drawn the attention of this Court to the order dated 17.09.2018 passed in Cr. Misc. No. 53211 of 2018, whereby three other accused persons, similarly situated as that of the petitioners, have been granted the privilege of anticipatory bail.
Considering the aforesaid facts, the petitioners above named, in the event of their arrest or surrender
Patna High Court Cr.Misc. No.63942 of 2018(2) dt.13-12-2018 3/3 before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Danapur P.S. Case No. 397 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J) Praveen-II/- U T