Jyoti Singh @ Jyoti And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71962 of 2018 Arising Out of PS. Case No.-278 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai
1. Jyoti Singh @ Jyoti, S/O Maheshwar Singh @ Maheshwar Prasad Singh.
2. Keshav Kumar, S/O Pawan Singh. Both R/V- Siraiya, P.S. Sahebpur Kamal, District-Begusarai.
... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Sandip Kumar Gautam, Advocate.
For the Opposite Party :
Mr. Iftekhar Mahmood, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 307, 379, 504, 506/34 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that the allegation against the petitioners alongwith co-accused Manish Kumar alias Kush Kumar, Lav Kumar and Maheshwar Singh is for inflicting fatal assault with intention to kill the life of the informant on the alleged date of occurrence i.e., 30.08.2018. The informant denied to work for accused persons. It has been
Patna High Court Cr.Misc. No.71962 of 2018(2) dt.04-12-2018 2/3 specifically alleged against petitioner no. 1 Jyoti Singh for committing attempt to kill the life of the informant by using making firing and petitioner no. 2 Keshav Kumar caught the informant to adding co-accused Manish Kumar inflicting assault by stroke of Iron rod causing injury on the head of the informant.
It has been submitted by learned counsel for the petitioners that the petitioner no. 2 has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.MV, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 278 of 2018, subject to the conditions as laid down under
Patna High Court Cr.Misc. No.71962 of 2018(2) dt.04-12-2018 3/3 Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T