Patna High CourtCR. MISC./63107/2022partly allowed disposal

Sindul Singh v. The State Of Bihar

2023-04-24Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63107 of 2022 Arising Out of PS. Case No.-151 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.

Sindul Singh S/O Bharat Singh Resident of village- Zafar Nagar, Sitacharan, P.S.- Muffasil, District- Munger.

Fulendra Singh @ Pulendra Singh S/O Bindeshwari Singh Resident of village- Zafar Nagar, Sitacharan, P.S.- Muffasil, District- Munger. 3.

Bindul Singh S/O Bharat Singh Resident of village- Zafar Nagar, Sitacharan, P.S.- Muffasil, District- Munger.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-04-2023 Heard learned counsel for the parties.

2. The petitioners seek bail in anticipation of their arrest in connection with Mufassil P.S. Case No. 151 of 2020, dated 20.06.2020, registered for the offences punishable under Sections 341, 323, 324, 354, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. Learned counsel for the petitioners does not press the anticipatory bail application with regard to petitioner no.1, Sindul Singh, S/o- Bharat Singh.

4. So far as petitioner nos. 2 and 3 are concerned, learned counsel for the petitioners submits that the injuries alleged to have been caused by them are of simple in nature.

Patna High Court CR. MISC. No.63107 of 2022(2) dt.24-04-2023 2/3

5. Learned APP opposes the prayer of anticipatory bail of the petitioners.

6. Taking into consideration that opinion with regard to injury caused by petitioner no.1, namely Sindul Singh, is reserved, his prayer for anticipatory bail is dismissed as not pressed.

7. As so far as petitioner nos. 2 and 3 are concerned, taking into consideration the circumstances and nature of allegations levelled against them, I am inclined to grant anticipatory bail to petitioner nos. 2 and 3 in the event of arrest, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are as under:- (i). The petitioner nos. 2 and 3 shall cooperate with the investigation and make themselves available for interrogation whenever required.

(ii). The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer, (iii). The petitioners shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police;

Patna High Court CR. MISC. No.63107 of 2022(2) dt.24-04-2023 3/3 (iv). The petitioners shall maintain law and order; (v). The petitioners shall, at the time of execution of the bond, furnish their address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; (vi). The petitioners shall surrender their passport, if any, before the investigating officer within a week and, if they do not possess any passport, they shall file an affidavit to that effect before the investigating officer;

(vii). The petitioners shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 65 U