Fantush Singh @ Rohit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7077 of 2018 Arising Out of PS.Case No. -496 Year- 2017 Thana -AMARPUR District- BANKA ======================================================
1. Fantush Singh @ Rohit Singh, Son of Jawahar Singh, Resident of Village- Kenduwar, P.S. Amarpur, District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Amarpur P.S. Case No. 496/2017 instituted for the offences under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that both the parties are Gotia and there is admitted land dispute between them. It has also been submitted that the occurrence took place on 06.10.2017 at 10:00 AM and the F.I.R. lodged on 07.10.2017 at 15:00 PM. In the written report, there is allegation against the petitioner that he made firing on the informant, which hit on the wall and there is also no any injury.
Learned counsel for the informant has opposed the prayer for bail of the petitioner.
Patna High Court Cr.Misc. No.7077 of 2018 (4) dt.02-05-2018 2/2 It is mentioned in para 3 of the bail petition that the petitioner has clean antecedent.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in Amarpur P.S. Case No. 496/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner 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 petitioner and (3) if petitioner 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 petitioner. (Sanjay Priya, J.) Rakhi U T