Jitendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12578 of 2017 Arising Out of PS.Case No. -350 Year- 2006 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Jitendra Singh S/o Misri Lal Singh

2. Ram Babu Singh S/o Misri Lal Singh

3. Shatrughan Singh S/o Narayan Singh, R/o Village-Ram Nagra, P.S.-Riga, District-Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-03-2017 The petitioners are apprehending their arrest in connection with Sitamarhi P.S. Case No. 350 of 2006, Trial No. 2010 of 2016 registered for offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted on behalf of the petitioners that it is no doubt, they are named in the First Information Report, the charge sheet was submitted, after investigation the case was pending against these petitioners and the Police submitted final form on 23.01.2014, but after two and half years of submission of final form, the learned court below, differing with the said final form, took cognizance on 18.07.2016 against these petitioners and as such, petitioners have come for anticipatory bail and on merit, it has been submitted that there is no allegation against them except suspicion as there was enmity between the parties.

Patna High Court Cr.Misc. No.12578 of 2017 (2) dt.29-03-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the fact stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No. 350 of 2006, Trial No. 2010 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

This is further subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court and the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of their bail.

(Vinod Kumar Sinha, J) Mahesh/- U T