Patna High CourtCR. MISC./8361/2017allowed

Saryug Singh And ANR v. The State Of Bihar

2017-03-21Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.8361 of 2017 (3) dt.21-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8361 of 2017 Arising Out of PS.Case No. -182 Year- 2015 Thana -BELHAR District- BANKA ======================================================

1. Saryug Singh, son of Late Rameshwar Singh,

2. Suresh Singh @ Suro Pd. Singh, son of Saryug Prasad Singh @ Saryug Singh, Both resident of Village- Kadbara, Police Station- Belhar, districtBanka. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Belhar Police Station Case No. 182 of 2015, disclosing offences under Sections 147, 148, 149, 323, 341, 323, 324 and 307 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedents, have falsely been implicated in this case. As per the F.I.R, there is allegation of assault by axe on the head of the informant, but the injury sustained by the informant is simple in nature caused by a hard and blunt substance. Therefore, no case under Section 307 of the

Patna High Court Cr.Misc. No.8361 of 2017 (3) dt.21-03-2017 I.P.C. is made out against these petitioners. Moreover, a compromise has already been arrived at between the parties. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Banka, in connection with Belhar Police Station Case No. 182 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T