Shivji Singh @ Shivji Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39378 of 2017 Arising Out of PS.Case No. -136 Year- 2017 Thana -MARHAURA District- SARAN ====================================================== Shivji Singh @ Shivji Thakur, Son of Late Jagarnath Thakur, Resident of Village- Nethua, P.S.- Marhowrah, District- Saran at Chapra. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anita Kumari, Advocate For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Marhowrah P.S Case No. 136 of 2017 instituted for the offence under Section(s) 302, 307, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation in the written report against the petitioner is that he along with others has conspired to commit this occurrence with a view to kill the wife of the informant who was Chairman of the Saran District Board.

It has been submitted on behalf of the petitioner that there is no allegation of firing against this petitioner who is aged about 75 years. It is further submitted that the only allegation

Patna High Court Cr.Misc. No.39378 of 2017 (3) dt.28-08-2017 2/3 levelled against him is that he along with others have conspired to commit this occurrence. From perusal of the written report it appears that specific allegation of firing is against the co- accused Sanjay Singh@ Tunna Thakur, Santosh Kumar Singh @ Lalu Thakur and Lal Mohan Singh, Jitendra Kumar Singh, Chandan Kumar Singh and Rajesh Kumar Singh.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Marhowrah P.S.Case No. 136 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 the learned Judicial Magistrate 1st class, Saran at Chapra, 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

Patna High Court Cr.Misc. No.39378 of 2017 (3) dt.28-08-2017 3/3 liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) N.K/- U T