Manish Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39829 of 2017 Arising Out of PS.Case No. -427 Year- 2016 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================
1. Manish Singh, S/o Ashok Singh @ Ashok Kumar Singh
2. Munna Singh, S/o Krishna Singh Both are R/o Village- Kanchanpur, P.S. Sasaram (Mufassil), DistrictRohtas. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uma Shankar Singh, Adocate. For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Sasaram (Muffasil) P.S. Case No. 427 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 323, 333, 337, 338, 353, 307, 414, 504 of the Indian Penal Code, Section 27 of the Arms Act and Section 47(a) of Excise Act.
It has been submitted that there is specific allegation in the written report against Kanhaiya Singh of making firing over the police force, due to which, one constable has sustained firearm injury. Kanhaiya Singh has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 04.07.2017 passed in Cr. Misc. 43763 of 2016.
From the written report itself it appears that there is
Patna High Court Cr.Misc. No.39829 of 2017 (4) dt.05-09-2017 2/2 general and omnibus allegation against the petitioners. These petitioners are said to be the Gotiyas of Kanhaiya Singh. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Sasaram (M) P.S. Case No. 427 of 2016, 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 learned Chief Judicial Magistrate, Sasaram (Rohtas), 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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) S.Ali/- U T