Raushan Kumar Singh @ Kanhaiya Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26608 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -BIHRA District- SAHARSA ====================================================== Raushan Kumar Singh @ Kanhaiya Singh, S/o Madan Kumar singh, resident of Village- Panchgachiya, P.S.- Bihra, District- Saharsa. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the State.
The petitioner apprehends his arrest in Bihra P.S. Case No.14 of 2017 instituted for the offence under Sections 307, 147, 148, 149, 341, 323, 324, 379, 427, 504 of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted on behalf of the petitioner that he is elected Mukhiya and has been implicated in this case on account of political grudge.
As per written report, the petitioner is only order giver. The other accused persons as named in the written report, assaulted one Awdhesh Singh. The injury report of Awdhesh Singh has been annexed as Annexure 3 wherein the doctor has found all the injuries on his person to be simple in nature.
Patna High Court Cr.Misc. No.26608 of 2017 (2) dt.06-07-2017 2/2 Learned counsel for the opposite party No. 2 has appeared and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Bihra P.S. Case No. 14 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T