Patna High CourtCR. MISC./34060/2018bail granted

Mantu Singh And ORS v. The State Of Bihar

2018-07-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34060 of 2018 Arising Out of PS.Case No. -118 Year- 2016 Thana -CHIKSAUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Mantu Singh,

2. Raju Singh,

3. Santu Kumar @ Santu Singh, All sons of Ajay Singh, and resident of Village- Sahbajpur, P.S.- Chiksaura, District- Nalanda. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Chiksaura P.S.Case No. 118 of 2016 registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners and others is of firing and causing death of the deceased.

Submission of learned counsel for the petitioners is that there is general and omnibus allegation against the petitioners and moreover police after investigation has not submitted charge sheet and petitioners were not sent up for trial. However, learned Magistrate differing with the police report has taken cognizance.

Patna High Court Cr.Misc. No.34060 of 2018 (3) dt.17-07-2018 2/2 Further submission is that similarly situated accused persons have been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 3.7.2018 passed in Cr.Misc.No.36448 of 2018.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Hilsa, Nalanda, in connection with Chiksaura P.S.Case No. 118 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U