Dhanejar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.925 of 2018 Arising Out of PS.Case No. -268 Year- 2017 Thana -BARHARA District- BHOJPUR ======================================================

1. Dhanejar Singh, S/o Late Devnandan Singh,

2. Rakesh Singh, S/o Dhanejar Singh,

3. Mintu Singh, S/o Dhanejar Singh,

4. Pintu Singh, S/o Dhanejar Singh, All resident of Village- Chhenegaon, P.S.- Barhara (Sinha O.P.), DistrictBhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ravindra Kumar, Advocate. For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Barhara (Sinha O.P.) P.S. Case No. 268 of 2017 instituted for the offence under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that petitioner No. 1 has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 15.01.2018 and with respect to others, case diary has been called for by the aforesaid order. It has further been submitted that petitioner No. 3 has already been

Patna High Court Cr.Misc. No.925 of 2018 (3) dt.13-02-2018 2/3 arrested. Therefore, his application for anticipatory bail has become infructuous.

The prayer for anticipatory bail of petitioner No. 3 namely, Mintu Singh, is dismissed as having become infructuous. So far petitioner Nos. 2 and 4 are concerned, learned counsel for the petitioners has submitted that there is composite allegation that they caused injury to the informant with knife. Case diary has been received.

The injury report of the informant is available in paragraph-26 of the case diary. The original injury report is not available in the case diary.

The learned Sessions judge has mentioned in the impugned order that out of four injuries, one has been found in the abdomen and opinion has been kept reserved for this injury for ultrasound report.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner Nos. 2 and 4 namely, Rakesh Singh and Pintu Singh is allowed. In the event of surrender/arrest of the petitioner Nos. 2 and 4, named above, within six weeks from today, in connection with Barhara (Sinha O.P.) P.S. Case No. 268 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten

Patna High Court Cr.Misc. No.925 of 2018 (3) dt.13-02-2018 3/3 thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T