Sanjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40937 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ======================================================
1. Vivek Singh, son of Awadh Singh, R/o Village- Dhangraha, P.S.- Mejarganj, District- Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.39845 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ======================================================
1. Ranjan Singh @ Ranjan Kumar Singh Son of Bashishtha Narayan Singh R/o Village- Narkariya, P.S.-Mejarganj, District-Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.40263 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ======================================================
1. Sanjay Singh Son of Jageshwar Singh, R/o Village- Marpa, (Ishwardas), P.S.- Mejarganj, District- Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In all cases) For the Petitioners : Mr. Ashok Kumar Jha For the State : Dr. Rabindra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-10-2017 All the three petitions arise out of Majorganj P.S. Case No.
Patna High Court Cr.Misc. No.40937 of 2017 (4) dt.06-10-2017 2/3 159 of 2016 registered under Sections-302/34 of the Indian Penal Code and 27 of the Arms Act, in which, petitioners apprehend their arrest and, accordingly, all these petitions are being heard and disposed off by this common order.
Heard learned counsel for the petitioners and the State. It is submitted on behalf of petitioners that there is no eye witness to the occurrence. The police, merely on suspicion has stated that these petitioners have formed a gang. Counsel for the petitioners has further submitted that in paragraphs-45, 67 and 115 of the case diary, there is statement of the police that three persons namely, Arbind Singh, Keshav Singh and Mukesh Singh have caused fire-arm injury to the deceased.
In the written report, it is alleged that three persons arrived at the place of occurrence on motorcycle and thereafter, dead body of the deceased was found having sustained gun shot injury. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Majorganj P.S. Case No. 159 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having
Patna High Court Cr.Misc. No.40937 of 2017 (4) dt.06-10-2017 3/3 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) A.K.V./- U T