Sonu Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79621 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- NAWANAGAR District- Buxar * ====================================================== 1.

Sonu Singh 2.

Tunnu Singh Both Sons of Ram Ishwar Singh @ Rameshwar Singh, All Resident of Village - Giridhar Baraw, P.S. Nawanagar, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the parties.

Petitioners seek bail in Nawanagar (Sonbarsha) P.S. Case No. 101 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

Informant has alleged that while he was having tea with his uncle at his doorstep, F.I.R. named accused Ramishwar Singh, Sonu Singh, Monu Singh, Tunu Singh and Jagnarayan Singh came variously armed. Monu Singh was armed with country made pistol and Ramishwar Singh was armed with Garasa. Sonu Singh and Jagnarayan Singh were armed with danda and at the instigation of Jagnarayan Singh, Monu Singh

Patna High Court CR. MISC. No.79621 of 2018(5) dt.06-03-2019 2/3 fired from his country made pistol but it did not hit the informant and, thereafter, Sonu Singh, Tunnu Singh assaulted him by lathi while Ramishwar Singh inflicted garasa blow on the head of the uncle of the infomrnat, as a result of which, he became unconscious and fell down.

It has been submitted on behalf of the petitioner that injury report as annexed as Annexure 2, three injuries were found. One injury which is grievous in nature has been caused by sharp-cutting weapon whereas second injury is simple in nature has been caused by hard and blunt substance which is attributable to the petitioners. Petitioners have got no criminal antecedent and are in custody since 27.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., District, Buxar in connection with Nawanagar (Sonbarsha) P.S. Case No. 101 of 2018 with following 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 properly represented on each and every date

Patna High Court CR. MISC. No.79621 of 2018(5) dt.06-03-2019 3/3 fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the 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.

(S. Kumar, J) Sanjay/- U T