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Patna High CourtCR. MISC./62407/2017bail granted

Bablu Singh @ Bablu Yadav And ANR v. The State Of Bihar

2018-04-24Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62407 of 2017 Arising Out of PS. Case No.-135 Year-2017 Thana- FATUHA District- Patna ======================================================

1. Bablu Singh @ Bablu Yadav, S/o Late Budhu Singh,

2. Bhuneshwar Singh S/o Late Budhu Singh, Both are R/o VillageSheochak, P.S.- Fatuha, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Fatuha P.S. case no. 135/2017 instituted for the offence under Section(s) 307,341, 323, 324, 504, 506, 354/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that instant case is a counter blast of Fatuha P.S. case no. 134 of 2017 in which co accused Raj Ballam Singh is the informant wherein there is specific allegation against co accused Dilip Singh and Sanjay Singh of causing fire arm injury to Pankaj Singh and Pinki Devi. The injury report of Pinki Devi injured has been enclosed as Annexure 3 series which shows that she

Patna High Court Cr.Misc. No.62407 of 2017(6) dt.24-04-2018 2/3 has sustained fire arm injury. In the instant case there is allegation that both these petitioners assaulted Dilip Singh by means of sharp weapon on his head. It is further alleged that when lady family members came to save accused Bablu Singh fired which caused injury to Pinki Devi. As such there is case and counter case between the parties. The case filed by the petitioner's side is prior to the instant case. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Fatuha P.S. case no. 135/2017, 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 the learned J.M.-1st Class, Patna City, Dist. Patna, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Patna High Court Cr.Misc. No.62407 of 2017(6) dt.24-04-2018 3/3

(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.

Explanation of Inspector- cum- S.H.O., Fatuha P.S. has been received. Perused the explanation and the same is accepted with warning to him to remain careful in future. (Sanjay Priya, J) shyambihari/- U T