Santosh Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10264 of 2018 Arising Out of PS.Case No. -324 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Santosh Kumar Singh,

2. Suraj Kumar Singh, Both Sons of Sri Suresh Prasad Singh and Residents of Village- Mujauna Asurar, Police Station- Alauli, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjana For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Alouli PS case no. 324 of 2017 registered for the offences punishable under Sections 353, 341, 379, 504/34 of Indian Penal Code.

The allegation against the petitioners is obstructing the officials to carry out the measurement work and further, it has been alleged that when the videographer was recording the entire event in his camera, the petitioner no. 1 had taken out the memory card.

The learned counsel for the petitioners submits that fake and frivolous allegation has been leveled against the petitioners herein and moreover, there is no allegation of any

Patna High Court Cr.Misc. No.10264 of 2018 (2) dt.22-02-2018 2/2 specific overt act as against the petitioners herein. It is further submitted that the petitioners are ready to join investigation. Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Alouli PS case no.

324 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. It is further directed that the petitioners shall join investigation and would be present at the place where the investigating agency directs the petitioners to be present. It is clarified that if the prosecution finds that the petitioners are not cooperating in investigation then it would be free to move this Court for cancellation of the bail.

(Mohit Kumar Shah, J) rinkee/- U T