Kameshwar Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.45169 of 2017 (2) dt.11-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45169 of 2017 Arising Out of PS.Case No. -425 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kameshwar Singh, Son of Gorakh Singh,

2. Harihar Singh, Son of Late Bachha Singh,

3. Birendra Singh, Son of Late Bachha Singh,

4. Awanish Kumar, Son of Harihari Singh, All are resident of Village- Math Lohiyar, P.S.- Harsidhi, Dist- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-10-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Harsidhi Police Station Case No. 425 of 2016, disclosing offences under Sections 147, 149, 323, 324, 304, 504, 307 and 379 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the parties are in inimical terms since long and account of that scuffle took place between them and both the parties have sustained injuries for

Patna High Court Cr.Misc. No.45169 of 2017 (2) dt.11-10-2017 which a case and counter case have been lodged by both of them. According to annexure-3, injuries sustained by the informant side are simple in nature caused by hard and blunt substance. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with Harsidhi Police Station Case No. 425 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T