Vinayak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14689 of 2016 Arising Out of PS.Case No. -381 Year- 2015 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Vinayak Singh, son of Fanindra Singh @ Fanindra Nath Singh, resident of village Machhargawa, P.S. Jogpatti, District West Champaran at Bettiah .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Indu Bala Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Jogapatti P.S.Case No. 381/2015, disclosing offences under sections 147, 148, 149, 153A, 295, 295A, 435, 436 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that as is apparent from the First Information Report, the implication of the petitioner is on the basis of so called enquiry by the Sub-Inspector of Jogapatti Police Station. It is vaguely mentioned in the First Information Report that on enquiry from the certain people, the informant learnt that the present petitioner and hundred others were involved in the commission of the offence. In order to

Patna High Court Cr.Misc. No.14689 of 2016 (2) dt.29-04-2016 distinguish the case of the petitioner from the case of Bhushan Sah, whose application for grant of anticipatory bail has been rejected, learned counsel has submitted that the said Bhushan Sah is closely related to the deceased, whose dead body was cremated at the place which was being objected to by the persons belonging to particular community.

Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, West Champaran at Bettiah in Jogapatti P.S.Case No. 381/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U

Patna High Court Cr.Misc. No.14689 of 2016 (2) dt.29-04-2016