Santosh Don And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67050 of 2018 Arising Out of PS. Case No.-233 Year-2018 Thana- RAHUI District- Nalanda ======================================================

1. Santosh Don

2. Upendra Kumar Both Sons of Late Birendra Prasad, Resident of Village-Khidarchak, P.S.-Rahui (Bhagan Bigha), DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 452, 386, 307, 379, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in brief, is that while the informant was making conversation with his elder brother at his door, the accused persons came armed with country-made pistol and demanded ransom. On protest, Rs. 12,000/- was taken away from pocket of the informant and firing was also made. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.67050 of 2018(3) dt.27-11-2018 2/2 petitioners. The petitioners have been falsely implicated in the present case. The alleged occurrence is said to have taken place due to petty reason. The matter has already been compromised between the parties vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Rahui (Bhaganbigha) P.S. Case No. 233 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U