Lakshman Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 12497 of 2017 Arising Out of PS.Case No. -146 Year- 2016 Thana -SINGHIYA District- SAMASTIPUR ======================================================
1. Lakshman Singh , Son of Ram Chandra Singh,
2. Prashant Singh @ Prabhat Singh, Son of Ram Chandra Singh,
3. Sandeep Kumar Singh, Son of Late Lagina Singh, All Residents of Village- Kundal , P.S.- Singhia, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr Rajkumar Rajesh, Advocate For the S t a t e : Mr Abhay Kumar 1, APP ====================================================== CORAM: HONOURABLE MR JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 The petitioners are apprehending their arrest in connection with Singhia Police Station Case No 146 of 2016 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 354, 504 & 506 of the Indian Penal Code. It is submitted on behalf of the petitioners that there is allegation against petitioner No 1 of assault on Shashikala Devi but no weapon has been mentioned which was used for assaulting Shashikala Devi and the injuries on her were found to be simple in nature which will appear from Annexure 2 series. So far as petitioners No 2 and 3 are concerned, there is allegation of snatching golden chain and there is counter case also filed by the relative of petitioners prior to filing of this case. Heard learned A.P.P. also.
Having heard both sides and in view of the fact that there is
Patna High Court Cr.Misc. No.12497 of 2017 (2) dt.27-03-2017 2/2 counter case and injuries alleged to have been inflicted by petitioner No 1 are simple in nature, let the petitioners, above named, in the event of arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate V, Rosera in connection with Singhia Police Station Case No 146 of 2016 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) M.E.H./- U T