Fucho Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56324 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================
1. Fucho Singh,
2. Bucho Singh @ Butan Singh
3. Lucho Singh, all are sons of Late Basant Singh,
4. Raj Kumar Singh @ Raj Kumar, S/o Fucho Singh,
5. Rita Devi, W/o Amin Singh,
6. Amin Singh, S/o late Basant Singh,
7. Bikash Kumar, S/o Lucho Singh, all R/o village- Sripur Basa, P.S.- Chousa, O.P.- Fulaut, District- Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 09-02-2018 This application has already been dismissed as having become infructuous in respect of petitioner no.6, Amin, Singh, by order dated 13.12.2017.
Heard learned counsel for rest of the petitioners and learned APP for the State.
The other petitioners apprehend their arrest in Chousa (Fulaut OP) P.S. Case No.152 of 2017 instituted for the offence under Section(s) 341, 323, 447, 504, 506 Indian Penal Code and Section 27 of the Arms Act.
From the written report, it appears that there is no allegation of specific overt act against these petitioners. There is specific allegation of making firing against Amin Singh. There is allegation against Rita Devi of assaulting the informant on the
Patna High Court Cr.Misc. No.56324 of 2017 (3) dt.09-02-2018 2/2 head, but the same did not hit.
In the facts and circumstances of the case, prayer of the petitioners except petitioner no.6 for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, except petitioner no.6 within six weeks from today in connection with Chousa (Fulaut OP) P.S. Case No.152 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T