Surendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43372 of 2017 Arising Out of PS.Case No. -116 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Surendra Singh,

2. Narendra Singh @ Narendra Kumar Singh, Both sons of Late Kulbansh Singh.

3. Rajnish Singh @ Rajnish Kumar Singh,

4. Mukesh Singh @ Awnish Kumar Singh, Both sons of Surendra Singh.

All residents of Village- Kajhaw, Police Station- Shivsagar (Baddi), District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Ganesh Prasad Singh ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Shivsagar P.S. Case No. 116 of 2017, disclosing offences under Sections 341, 323 and 307/34 of the Indian Penal Code.

It is alleged that the petitioners were putting pipe in the gutter belonging to the State of Bihar, which was objected to by the informant and others. Allegedly, the petitioners assaulted them, causing injuries. Learned counsel, appearing on behalf of the petitioners, is right in his submission that there is no

Patna High Court Cr.Misc. No.43372 of 2017 (2) dt.22-09-2017 2/2 specific allegation against any of these petitioners nor it can be said that case, under Section 307 of the Indian Penal Code, is made out on the basis of what has been alleged in the First Information Report.

This application is, accordingly, 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 Additional Chief Judicial Magistrate-II, Rohtas at Sasaram, in connection with Shivsagar P.S. Case No. 116 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) Praveen-II/- U T