Sheo Bachan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7856 of 2018 Arising Out of PS.Case No. -128 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Sheo Bachan Singh, Son of Late Rupa Singh

2. Mantu Singh @ Lakshuman Singh, Son of Sheo Bachan Singh Both Resident of Village-Sareyan, P.S. Dinara, District-Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Dinara P.S. Case No. 128 of 2017 for the offence registered under Sections 341, 323, 504, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

After some arguments, the learned counsel for the petitioner no. 2 seeks to withdraw the present petition qua the petitioner no. 2.

Accordingly, the present petition as far as the petitioner no. 2 is concerned, is dismissed as withdrawn. The case of the prosecution is that the petitioners herein along with one other co-accused person had fired on the

Patna High Court Cr.Misc. No.7856 of 2018 (3) dt.03-04-2018 2/2 informant resulting in the informant receiving one gun shot injury. The learned counsel for the petitioners has stated that the informant, in paragraph no. 13 of the case dairy in her further statement, has stated that all the three accused persons had fired, however, the shot fired by the petitioner no. 1 missed the informant and did not hit her. It is further stated that the petitioners are having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioner no. 1, namely, Sheo Bachan Singh to the privilege of anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bikramganj, District-Rohtas in connection with Dinara P.S. Case No. 128 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T