Bishwanath Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39308 of 2018 Arising Out of PS.Case No. -26 Year- 2017 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ======================================================

1. Bishwanath Singh, S/o Late Ramjee Singh,

2. Parmila Devi W/o Bishwanath Singh,

3. Bablu Kumar S/o Bishwanath Singh,

4. Rajeev Kumar S/o Bishwanath Singh, All R/o Vill.- Rajwa, P.S.- N.H. Bangra, Distt.- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 The petitioners are apprehending their arrest in connection with N.H. Bangra P.S. Case No. 26 of 2017, registered for offences punishable under Sections 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is that they fired and causing death of the husband of the informant. Submission of learned counsel for the petitioners is that there is no eye witness and there is general and omnibus allegation against all the accused persons. It has further submitted so far petitioner nos.1 and 2 are concerned, they are handicapped. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or

Patna High Court Cr.Misc. No.39308 of 2018 (3) dt.07-08-2018 2/2 surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, 5th, Samastipur, in connection with N.H. Bangra P.S. Case No. 26 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T