Girija Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47954 of 2016 Arising Out of PS.Case No. -41 Year- 2014 Thana -PIPRA District- PATNA ====================================================== Girija Singh Son of Parmanand Singh, Resident of Village- Basiyawan, P.S.- Pipra, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-12-2016 Heard counsel(s) for the petitioner, the informant as well as the State.

The petitioner prays for anticipatory bail in Pipra P.S. Case No. 41 of 2014 registered under sections 302, 354(C) and 504 IPC.

In the FIR lodged on 12.12.2014, the allegation is that co-accused Bhim Singh assaulted the deceased with a knife whereafter 6-7 accused persons, including the petitioner, are also alleged to have assaulted the victim. The allegation against the petitioner is general and omnibus. It is stated that upon conclusion of investigation the police did not send the petitioner up for trial vide Annexure4 which was accepted by the court on 19.12.2015 whereagainst the informant went in revision which was allowed and thereafter the court under order dated 26.05.2016

Patna High Court Cr.Misc. No.47954 of 2016 (2) dt.13-12-2016 2/2 took cognizance against the petitioner as well and hence the apprehension.

Learned counsel(s) for the informant and the State have not disputed the aforesaid contention of the petitioner. Considering the above as also the fact that in the FIR there is only general and omnibus allegation attributed to the petitioner, I am inclined to extend the petitioner the privilege of bail. Let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Masaurhi, Patna in Pipra P.S. Case No. 41 of 2014 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T