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Patna High CourtCR. MISC./49695/2017bail granted

Ram Sakha Singh And ORS v. The State Of Bihar

2017-10-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49695 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Ram Sakha Singh

2. Krishna Mohan Singh

3. Birju Singh All sons of late Raghuni Singh, resident of village & P.P. Kundal, P.S. Singhiya, Distt. Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate. Mr. Mukesh Kumar, Advocate.

For the Opposite Party/s : Mr. Ramchandra Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Singhiya P.S. Case No. 145 of 2016 instituted for the offence under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. It has been alleged that there is case and counter case between the parties. The petitioner No. 1 has filed Singhiya P.S. Case No. 146 of 2016 against the informant and others. In that case total seven persons including these petitioners have sustained injury. It is mentioned in paragraph-7 of the bail petition that out of seven injured, Ram Sakha Singh (petitioner No. 1), Krishna Mohan Singh (petitioner No. 2) and three others have sustained grievous injury in Singhiya P.S. Case No. 146 of 2016.

In the instant case the injured namely Ram Ratan Singh

Patna High Court Cr.Misc. No.49695 of 2017 (2) dt.17-10-2017 2/2 (informant) and his brother sustained injury. Considering the facts and circumstances of the case, 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 Singhiya P.S. Case No. 145 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 Additional Chief Judicial MagistrateVth, Rosera, Samastipur, 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