Om Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70549 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- BELDOUR District- Khagaria ====================================================== 1.
OM PRAKASH SINGH Son of Late Guneshwar Singh Resident of Village - Pansalwa, P.S.- Beldaur, District- Khagaria 2.
Raghunandan Singh Son of Late Guneshwar Singh Resident of Village - Pansalwa, P.S.- Beldaur, District- Khagaria 3.
Ritu Raj Son of Om Prakash Singh Resident of Village - Pansalwa, P.S.- Beldaur, District- Khagaria 4.
Lalu Kumar Son of Raghunandan Singh Resident of Village - Pansalwa, P.S.- Beldaur, District- Khagaria 5.
Prashant Kumar Son of Anil Singh Resident of Village - Pansalwa, P.S.- Beldaur, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amitabh Sohan For the Opposite Party/s :
Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Beldaur P.S. Case N0. 73 of 2019, disclosing offences under Sections 447,323,307,504,379,427,354B/34 of the Indian Penal Code and Section 27 of the Arms Act.
There are 12 persons named in the FIR including these five petitioners, who are said to have entered into the informant's house, abused them and after objection, assaulted them variously. They are said to have snatched golden chain from the informant. There is also an
Patna High Court CR. MISC. No.70549 of 2019(2) dt.27-11-2019 2/3 allegation that when the informant was being taken away for treatment, some of the accused persons again entered into the informant's house, took away certain valuables and assaulted the informant's daughter.
Learned counsel appearing on behalf of the petitioners has submitted that there is no criminal antecedent against them. Even female members of a family have been falsely implicated in a case which is highly improbable. She also contends that the allegation of assault is general and omnibus without supported by any substantive evidence.
Considering the above submission, this application is allowed.
Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on 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 Judicial Magistrate, First Class, Khagaria in Beldaur P.S Case No. 73 of 2019 ( G.R. No. 1186 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two
Patna High Court CR. MISC. No.70549 of 2019(2) dt.27-11-2019 3/3 consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) arun/- U