Anil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18111 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -DARIHAT District- SASARAM (ROHTAS) ====================================================== Anil Singh son of Ramraj Singh, resident of Village - Hurka, P.S.- Darihat, District Rohtas.
.... .... Petitioner
Versus
The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bikram Deo Singh, Advocate Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Darihat P.S. Case No. 101 of 2017 registered under Sections 147, 148, 149, 186, 341, 323, 504, 506, 337, 338, 332, 427, 333, 307, 120B and 353 of the Indian Penal Code. It is submitted by Mr. Bikram Deo Singh, learned counsel for the petitioner that the petitioner has been named in the first information report on the basis of some confidential information given to the Choukidar by some unknown persons.
Patna High Court Cr.Misc. No.18111 of 2018 (2) dt.09-04-2018 He submitted that ten other co-accused, namely, (1) Vicky Kumar Yadav @ Digvijay Kumar (2) Lakshman Singh (3) Pankaj Kumar @ Vivek Kumar (4) Ram Pravesh Singh Yadav @ Ram Pravesh Singh (5) Bhola Singh Yadav @ Bikram Kumar
(6) Jayram Singh Yadav @ Jai Ram Singh (7) Guddu Kumar @ Janendra Kumar (8) Rintu Singh @ Rintu Kumar (9) Sintu Singh @ Sintu Kumar and (10) Jaswant Singh @ Jaswant Raj whose case stand on identical footing to that of the petitioner, have already been granted pre-arrest bail vide order dated 17.02.2018 passed in Cr. Misc. No.7327 of 2018. It is further submitted that save and except one Darihat P.S. Case No.55 of 2011 registered under Sections 447, 504, 506/307 read with 34 of the Indian Penal Code, no other case is pending against the petitioner and in the said case, which had been instituted due to family dispute, the petitioner is already on bail. He contended that the petitioner has got roots in the society and is not likely to abscond or tamper with the evidence.
On the other hand, learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. However, he admitted that the case of the petitioner is identical to that of others who have already been granted bail by a Bench of this Court vide order as contained in Annexure-2 to
Patna High Court Cr.Misc. No.18111 of 2018 (2) dt.09-04-2018 the present application.
In view of the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Darihat P.S. Case No. 101 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T