Hareram Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25053 of 2018 Arising Out of PS.Case No. -181 Year- 2017 Thana -MARKAHI District- KHAGARIA ======================================================

1. Hareram Singh, S/o Late Sitaram Singh.

2. Arun Singh, S/o Pukar Singh.

3. Pankaj Kumar, S/o Hareram Singh.

4. Gabbar Singh, S/o Hareram Singh, all are resident of village- Echarua, P.S.-Alauli, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Morkahi P.S. Case No.181 of 2017 instituted for the offence under Section(s) 341, 323, 324, 504, 506, 307/34 Indian Penal Code. Counsel for the petitioners has submitted that instant case is counter blast of Morkahi P.S. Case No.180 of 2017 filed by the petitioner No.1 against the informant and others. In the instant case, there is allegation that all the petitioners arrived on the date of occurrence while the informant was going to watch his field. On the order of Hare Ram Singh, co-accused, Arun Singh, caused sword injury on the head of the

Patna High Court Cr.Misc. No.25053 of 2018 (3) dt.26-06-2018 2/3 informant as a result of which he fell down. The brother and wife of the informant came to rescue then they were also assaulted. Injury reports of the injured have been annexed as Annexure-2 series, which shows all the injuries are simple in nature except injury no.2 of injured Ram Kumar Singh. The doctor has found diffuse swelling over right forearm and tenderness. X-ray report shows fracture of right ulna, which was found to be grievous in nature.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Morkahi P.S. Case No.181 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel

Patna High Court Cr.Misc. No.25053 of 2018 (3) dt.26-06-2018 3/3 their bail bonds and (3) if petitioners tamper 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 petitioners. (Sanjay Priya, J) JA/- U T