Sri Govind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57580 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- CHANDI District- Bhojpur ====================================================== 1.

SRI GOVIND SINGH S/o Vakil Singh R/o village- Narbirpur, P.S.- Chandi, District- Bhojpur, Ara.

2.

Chotu @ Deogovind Singh S/o Vakil Singh R/o village- Narbirpur, P.S.- Chandi, District- Bhojpur, Ara.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rajiva Ranjan For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chandi P.S. Case No. 79 of 2019, disclosing the offence under Sections 341,323,325,307/34 of the Indian Penal Code and 27 of the Arms Act.

It transpires from the First Information Report that there is allegation against co-accused Nitish Kumar of having shot fire upon the informant's son with country made pistol. There is allegation against the FIR named accused persons of having assaulted the informant with lathi and iron rod. Learned counsel appearing on behalf of the petitioner has submitted that Nitish Kumar has been granted anticipatory

Patna High Court CR. MISC. No.57580 of 2019(2) dt.13-09-2019 2/2 bail by the Court below as no firearm injury has been found. He has also submitted that the filing of the FIR is retaliation to the earlier FIR lodged by the mother of accused Babli Kumar and Nitish Kumar giving rise to the Chandi P.S. Case No. 77 of 2019.

Considering the above, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand), each with two sureties of the like amount, each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Chandi P.S Case No. 79 of 2019, subject to the condition as 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 bounds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) T.Kr./- U T