Siya Ram Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54526 of 2017 Arising Out of PS.Case No. -209 Year- 2017 Thana -ATHMALGOLA District- PATNA ======================================================
1. Siya Ram Singh, Son of Ram Singhashan Singh.
2. Deepak Kumar Singh, @ Deepak KUmar, Son of Siya Ram Singh, Both Resident of Village- Burhna, Police Station- Athmal Gola, District- Patna. .... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Prem Nath Singh, Advocate. For the Opposite Party/s : Mr. Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-01-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Athmal Gola P.S. Case No.209 of 2017 instituted for the offences under sections 341, 323, 324, 307, 354 and 506/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that petitioner no.1 and informant are own brother. There is land dispute between the parties. The son of petitioner no.1 namely Vikky Kumar has filed Athmal Gola P.S. Case No.214 of 2017 against the informant and others.
In the written report, it is alleged that an altercation
Patna High Court Cr.Misc. No.54526 of 2017 (4) dt.29-01-2018 2/3 took place for digging soil for foundation wall. It is alleged that on the order of petitioner no.1, petitioner no.2 assaulted the informant with iron rod, on his head, which he saved from his middle hand and sustained injury in his left hand. The injury report is available in the case diary, from which, it appears that swelling injury has been caused in the left hand, which has been opined by the doctor as grievous.
Considering the facts and circumstances of the case, let the petitioners above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Athmal Gola P.S. Case No.209 of 2017 shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Barh, 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 co-operate 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 their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.54526 of 2017 (4) dt.29-01-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) Amit/- U T