Sikandar Singh @ Sikendar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77039 of 2019 Arising Out of PS. Case No.-407 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== 1.

SIKANDAR SINGH @ SIKENDAR SINGH Son of Late Ramdhan Singh Resident of Village - Bhadas, P.S.- Muffasil, District- Khagaria 2.

Jeetendra Kumar Son of Sikandar Singh Resident of Village - Bhadas, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Khagaria (Muffasil) P.S. Case No. 407 of 2019 for the offence registered under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

The allegation is regarding the accused persons having had an altercation with the informant whereafter the accused persons are said to have assaulted the informant and his family members.

The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present

Patna High Court CR. MISC. No.77039 of 2019(2) dt.13-01-2020 2/3 case on account of previous dispute. It is further submitted that as far as the petitioner no. 2 is concerned, he is having a clean antecedent while the petitioner no. 1 is an accused in one other case but he is on bail in the said case. Lastly, it is submitted that the petitioner no. 1 is languishing in custody since 17.09.2019 and petitioner no. 2 is languishing in custody since 05.09.2019 respectively.

At this juncture, the learned counsel for the petitioners has submitted that the co-accused persons, similarly situated, have already been granted anticipatory bail by a coordinate Bench of this Court by order dated 05.11.2019 passed in Criminal Misc. No. 65230 of 2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners coupled with the fact that there is no specific allegation of any sort of overt act as against the petitioners herein and considering the parity of the case of the petitioners with those of the co-accused persons who have already been granted bail, I deem it fit and proper to direct for release of the petitioners herein on regular bail.

Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.77039 of 2019(2) dt.13-01-2020 3/3 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 407 of 2019, G.R. No. 1596 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T