Satish Kumar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29306 of 2017 Arising Out of PS.Case No. -314 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ======================================================
1. Satish Kumar Singh
2. Santosh Kumar Singh Both are Son of Nageshwar Singh Resident of Village- Jamuna, P.S. Chapra Mofussil, Distt. Saran at Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kumari For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-07-2017 Heard the learned counsel for the petitioners and the learned APP for the State.
The petitioners apprehend their arrest in connection with Chapra Mofussil P.S. Case No. 314 of 2016 instituted for the offences 341, 323, 324, 379/34 of the Indian Penal Code. The informant in his written report submitted before S.H.O. has stated that on 03.09.2016, when he was returning home, these petitioners and one Nageshwar Singh intercepted and assaulted him by means of dagger and also snatched his motor-cycle.
The learned counsel for the petitioners submits that the father-in-law of the co-accused, namely, Nageshwar Singh
Patna High Court Cr.Misc. No.29306 of 2017 (2) dt.01-07-2017 2/3 had filed a case against the father of the informant regarding kidnapping and these petitioners are witnesses in the said case and so, the present case has been lodged on account of enmity. It is further submitted that the similarly situated co-accused Nageshwar Singh has been allowed anticipatory bail in Criminal Miscellaneous No. 15995 of 2017 by one of the co-ordinate Bench of this Court. The case of these petitioners stands on similar footing. The injuries are found simple in nature. The learned APP, on the other hand, opposed the submission.
On perusal of order dated 02.05.2017 passed in Criminal Miscellaneous No. 15995 of 2017, I find that the father of both the petitioners has been allowed anticipatory bail. The copies of the injuries report available on record show that the informant sustained injury on the hand and middle finger. The injuries were caused by hard and blunt substance. In the aforesaid facts and circumstances, the anticipatory bail prayer is allowed. The petitioners, above named, in the event of arrest / surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court Cr.Misc. No.29306 of 2017 (2) dt.01-07-2017 3/3 Magistrate, Saran at Chapra in connection with Chapra Mofussil P.S. Case No. 314 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Sanjay Kumar, J) ajaypd./- U T