Patna High CourtCR. MISC./33540/2017bail granted

Pasupati Singh @ Pasupati Sharma And ANR v. The State Of Bihar

2017-08-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33540 of 2017 Arising Out of PS.Case No. -192 Year- 2013 Thana -NAUBATPUR District- PATNA ======================================================

1. Pasupati Singh @ Pasupati Sharma

2. Siya Ram Prasad Singh @ Siya Ram Sharma Both are Sons of Late Hira Prasad Singh Resident of Village - Tarwna, P.S. - Naubatpur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/307/447/504/34 of the Indian Penal Code and Section 27 of the Arms Act.

It appears that co-accused Anil Kumar Singh and Mritunjay Kumar similarly situated have already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.38363 of 2013 by a reasoned order vide Annexure-4. Learned counsel for the informant opposed

Patna High Court Cr.Misc. No.33540 of 2017 (3) dt.19-08-2017 P2/ the prayer on the ground that there is specific allegation of commission of assault against these petitioners as well as on the ground that the petitioners have got criminal antecedent. Since the occurrence allegedly took place for land dispute between the parties and considering the nature of allegation of assault, in my view, the petitioners deserve anticipatory bail, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.

20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, Patna/successor Court in connection with Naubatpur Police Station Case No. 192 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr.