Birendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25095 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -GOVINDPUR District- NAWADA ======================================================

1. Birendra Singh S/o Baleshwar Singh

2. Aniruddh Kumar S/o Jagdish Prasad

3. Manoj Kumar S/o Nand Kishore @ Nanwarh Kishore

4. Vijay Kumar S/o Jagdish Singh All Resident of Village-Thali Bazar, P.S.-Govindpur, District-Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Govindpur Police Station Case No. 22 of 2017, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code.

Drawing my attention to the First Information Report, learned Counsel appearing on behalf of the petitioners has submitted that apparently the occurrence took place over a trivial issue in respect of sale of Sudha milk. It has further been submitted that strictly speaking, no case under Section 307 of the Indian Penal Code is

Patna High Court Cr.Misc. No.25095 of 2017 (2) dt.06-07-2017 2/2 made out on the basis of what has been alleged in the First Information Report.

Considering the genesis of occurrence, this application is allowed.

Let the petitioners, namely, Birendra Singh, Aniruddh Kumar, Manoj Kumar and Vijay Kumar, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Govindpur Police Station Case No. 22 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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.) Prabhakar Anand/- U √ T √