Aditya Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22998 of 2017 Arising Out of PS.Case No. -530 Year- 2016 Thana -TURKAULIYA District- EAST CHAMPARAN (MOTIHARI) ======================================================
1. Aditya Singh, s/o Birendra Singh,
2. Munna Singh, s/o Banka Singh,
3. Krishna Dubey, s/o late Panjab Dubey, All 1 to 3 R/o Village- Phulwar, P.S.- Banjariya, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Gopesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-05-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Turkauliya (Banjariya) P.S. Case No. 530 of 2016 instituted for the offence under Sections 147, 148, 149, 302, 379, 427 of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that petitioners are merely alleged to be the members of unlawful assembly.
From the written report it appears that on the orders of Banka Singh and Lal Babu Singh, one Pamu Singh fired causing gun shot injury on the chest of Heeramat Devi (Bhao of the informant) who thereafter died. From the written report itself it appears that petitioners are merely members of unlawful assembly.
Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.22998 of 2017 (2) dt.22-05-2017 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Turkauliya (Banjariya) P.S. Case No. 530 of 2016, they shall be released on anticipatory 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, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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