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Patna High CourtCR. MISC./10626/2018bail granted

Bittu Kumar @ Raj Kumar Singh @ Bittu Singh And ANR v. The State Of Bihar

2018-02-27Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10626 of 2018 Arising Out of P.S.Case No. -195 Year- 2016 Thana -SIKANDARA District- JAMUI ======================================================

1. Bittu Kumar @ Raj Kumar Singh @ Bittu Singh, S/o Arjun singh,

2. Dharmendra Kumar @ Dharmendra Kumar Keshri S/o Arjun Keshri, Both are R/o Village- Mahadeo Simariya, P.S.- Kikandra, DistrictJamui. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party : Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-02-2018 Heard.

The petitioners apprehend arrest in connection with Sikandra P.S.Case No.195 of 2016 registered for an offence under Sections 143, 149, 176, 189, 153 and 298 of the IPC. It has been submitted that the allegation of abusing with intention to disturb the communal harmony is vague. In the said occurrence, neither any police personnel sustained any injury nor any articles have been damaged. The allegation against these petitioners is omnibus and there is no eye witness to the occurrence.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances,

Patna High Court Cr.Misc. No.10626 of 2018 (2) dt.27-02-2018 2/2 prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today 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 CJM, Jamui in connection with Sikandra P.S.Case No.195 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(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 cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U