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Patna High CourtCR. MISC./71783/2019bail granted

Sawaru Singh @ Sanwru Singh v. The State Of Bihar

2019-11-27Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71783 of 2019 Arising Out of PS. Case No.-303 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

SAWARU SINGH @ SANWRU SINGH Son of Late Shiv Bachan Singh Resident of Village- Hudahrabal Dihra, Police Station- Bikramganj, DistrictRohtas at Sasaram. 2.

Hira @ Rajesh Singh @ Hira Lal Son of Late Brij Bihari Singh Resident of Village- Hudahrabal Dihra, Police Station- Bikramganj, District- Rohtas at Sasaram.

3.

Anil Singh son of Shyam Bihari Singh Resident of Village- Hudahrabal Dihra, Police Station- Bikramganj, District- Rohtas at Sasaram. 4.

Arvind Singh Son of Bhuneshwar Singh Resident of Village- Hudahrabal Dihra, Police Station- Bikramganj, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,326,307,504 and 506/34 of the IPC and Sections 25(1-B) a and 27 of the Arms Act .

The prosecution case is that on 15.6.2019 the informant was making arrangement for the marriage of his daughter, in the meantime, all accused persons came variously armed and fired fire arms. It is alleged that the firing was resorted to and one of the firings grazed the left hand of the informant's brother. When the family members of the informant came, the accused persons

Patna High Court CR. MISC. No.71783 of 2019(2) dt.27-11-2019 2/3 started fleeing from the place of occurrence and one of the coaccused Shyam Bihari Singh fled away leaving behind a country made pistol which was handed over to the police. It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general. There is no specific accusation of firing against the petitioners. The brother of the informant has not received injury and no injury report has been brought on record to corroborate the accusation. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that there is specific accusation against the petitioners.

Considering the fact that the accusation against the petitioners is omnibus and general, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks 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 ACJM, Bikramganj, Rohtas in connection with Bikramganj P.S. Case

Patna High Court CR. MISC. No.71783 of 2019(2) dt.27-11-2019 3/3 No. 303 of 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U