Roshan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35731 of 2018 Arising Out of PS.Case No. -66 Year- 2018 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================
1. Rakesh Singh, S/o Late Dharm Raj Singh,
2. Vikesh Singh @ Vikash Singh @ Dr. Bikash Singh, S/o Late Dharm Raj Singh,
3. Poshan Singh, S/o Rakesh Singh, All resident of Village- Pahraicha, P.S.- Chand District- Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.40238 of 2018 Arising Out of PS.Case No. -66 Year- 2018 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================
1. Roshan Singh, Son of Rakesh Singh, Resident of Village- Pahraicha, P.S.- Chand, District- Kaimur at Bhabhua.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.35731 of 2018) For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
(In Cr.Misc. No.40238 of 2018) For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Both the cases arises out of same P.S.Case number and and as such they have been taken together for disposal. Heard the parties.
The petitioners are apprehending their arrest in connection
Patna High Court Cr.Misc. No.35731 of 2018 (3) dt.23-07-2018 2/3 with Chand P.S.Case No.66 of 2018 , registered for offences punishable under Sections 341, 323, 324, 325, 307, 504, 506/34 of the Indian Penal Code.
Submission of the learned counsel for the petitioners is that against the petitioner no.1 (Rakesh Singh) of Cr. Misc. No.35731 of 2018, there is allegation of assault by rod on the informant and against the petitioner no.2 (Vikesh Singh @ Vikash Singh @ Dr. Bikash Singh) there is allegation of assault on Santosh Singh by lathi and against petitioner no.3 (Poshan Singh) there is allegation of assault by lathi on head. All the injuries were found to be simple except the injury on the person of Santosh Singh, which is in the index finger and so far Cr. Misc. No.40238 of 2018 is concerned, there is allegation against petitioner (Roshan Singh) of firing but the injury report does not show that the injury is of firing and there is case and counter case between the parties. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court Cr.Misc. No.35731 of 2018 (3) dt.23-07-2018 3/3 learned C.J.M., Kaimur at Bhabhua in connection with Chand P.S.Case No.66 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T