Brijanand @ Birjanand Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27242 of 2017 Arising Out of PS.Case No. -114 Year- 2016 Thana -SIGORI District- PATNA ======================================================
1. Brijanand @ Birjanand Singh, Son of Late Girdhari Singh
2. Shailesh Kumar, Son of Brijanand Yadav.
3. Nitish Kumar, Son of Brijanand Yadav.
4. Ram Govind Singh, Son of Late Subedar Singh All are resident of Village-Tikulpar, P.S.-Sigori, District Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Informant : Mr. Parashuram Singh, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Sigori Police Station, Case No. 114 of 2016, disclosing offences under Sections 147, 148, 149, 341 323 324, 325, 307, 386, 354, 504, 506 of the I.P.C and 27 of the Arms Act. It is the case of the prosecution that there are 12
Patna High Court Cr.Misc. No.27242 of 2017 (2) dt.01-07-2017 2/3 persons named in the F.I.R., including these petitioners. The occurrence appears to have taken place as the petitioners were objecting to carrying taking sand through a particular land loaded in tractors.
Referring to the F.I.R., learned counsel for the petitioners has submitted that though there is specific allegation against co-accused Mahendra Singh of having opened fire which caused injuries in the informant's leg, but there is no specific allegation against these petitioners. It has been submitted that four persons of the family have been made accused. The petitioners Nos. 2 and 3 are sons of petitioner No. 1, whereas, petitioner No. 4 is said to be closely relative of rest of the petitioners. Considering the submission, as above, this application is allowed.
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 bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Danapur, in connection with Sigori P.S. Case No. 114 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.27242 of 2017 (2) dt.01-07-2017 3/3 This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) khushbu/- U T