Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85284 of 2019 Arising Out of PS. Case No.-261 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Ashok Singh, S/o late Shalik Singh, 2.

Chhotu Singh, S/o Late Shalik Singh, 3.

Munna Singh, S/o Late Shalik Singh, 4.

Vipin Singh, Son of Late Kishore Singh, 5.

Nippu @ Nipu Singh, S/o Arun Singh, 6.

Manish Singh, S/o Arun Singh, 7.

Kush Singh, Son of Late Dhrup Singh @ Dhup Singh, 8.

Bittu Singh, S/o Pappu Singh, All (1to8) Resident of Village- Barka Amtha, P.S.- Mirganj, DisttGopalganj. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5, Advocate For the Opposite Party/s :

Mr.Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking anticipatory bail in connection with Mirganj P.S. Case No. 261 of 2019 (GR No. 3380 of 2019) registered for the offences punishable under Sections 341, 323, 324, 307, 379, 448, 504, 325, 34 and 354 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.85284 of 2019(2) dt.09-01-2020 2/3 case. Learned counsel submits that there is no specific allegation against these petitioners.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the learned Sessions Judge has while rejecting the anticipatory bail application of the petitioners has observed that there is no specific allegation of overt act against the petitioners, there is a case and counter case between the parties and the allegation of theft appears to be super-addition, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XVI, Gopalganj in connection with Mirganj P.S. Case No. 261 of 2019 (GR No. 3380 of 2019), subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or

Patna High Court CR. MISC. No.85284 of 2019(2) dt.09-01-2020 3/3 indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/vats U T