Patna High CourtCR. MISC./42078/2017bail granted

Ravishankar Singh @ Ravi Shankar Singh And ORS v. The State Of Bihar

2017-10-03Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42078 of 2017 Arising Out of PS.Case No. -160 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== 1.Ravishankar Singh @ Ravi Shankar Singh son of Banarsi Singh

2. Birendra Singh @ Virendra Singh son of Sheshmuni Singh

3. Pankaj Tiwary @ Pankaj Kumar Tiwary son of Sunil Tiwary

4. Santosh Singh @ Santosh Kumar Singh son of Ramekbal Singh All are resident of village-Amaon, P.S.-Chainpur, District- Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the State : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Chainpur P.S. Case No. 160 of 2017 registered under sections 341, 323, 353 and 504/34 of the Indian Penal Code. It is contended by the learned counsel for the petitioners that apart from Section 353 of the Indian Penal Code, all other Sections mentioned in the first information are bailable in nature. So far as Section 353 of the Indian Penal Code is concerned, the same is not applicable in the present case as the persons who were obstructed by the villagers were not government employees rather they were workmen, who used to work under the contractor.

Patna High Court Cr.Misc. No.42078 of 2017 (2) dt.03-10-2017 2/2 Learned counsel for the State has opposed the prayer for grant of anticipatory bail to the petitioner. Considering the submissions made above and the nature of allegation made in the first information report, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 160 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J) Md.S./- U T