High Court Patna High Court - Orders

Dinanath Singh & Anr. vs The State Of Bihar on 14 November, 2011

Patna High Court – Orders
Dinanath Singh & Anr. vs The State Of Bihar on 14 November, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.35807 of 2011
                  1. Dinanath Singh son of late Indrashan Singh.
                  2. Santosh Singh @ Santosh Kumar Singh son of Dinanath Singh.
                     R/o Village-Balepur, P.S. Fulwariya, District-Gopalganj.
                                                                            ........Petitioners
                                            Versus
                     The State Of Bihar.
                                                                      .......Opposite Party
                                           -----------

02 14.11.2011 Heard learned counsel for the petitioner and learned Additional

Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with

a case registered for the offence punishable under section 147, 148, 149,

447, 323, 324, 325, 307 and 379 of the Indian Penal Code, are named

accused in this case, wherein one injured Harendra Singh lost his life

during treatment.

Submission is that due to earlier filed Title Suit No. 54 of 2011

before the Court of Sub-Judge, Gopalganj, petitioners’ name emerged in

this case with allegation that petitioner no. 1 along with other three was

getting the field plough by the tractor and subsequently the protest

petitioners along with others arrived and there is specific allegation

against non-petitioners Lalbabu Singh, Binod Singh and Munna Singh

of inflicting injury upon Harendra Singh, who succumbed and

subsequently died, whereas against these two petitioners, there is

general and omnibus allegation of participation with other without any

injury inflicting to any one.

Considering the facts and circumstances of the case, in the event

of their arrest/surrender before the court below within four weeks, let

the above named petitioners be enlarged on bail on furnishing bail-bond
2

of Rs. 10,000/- (ten thousand only) each with two sureties of the like

amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj

in connection with Fulwariya P.S. Case No. 111 of 2011, subject to

condition laid down under section 438 (2) of the Code of Criminal

Procedure with additional condition to remain physically present before

the court below till disposal of the case, and in case of failure on two

consecutive dates without giving any reasonable explanation, the liberty

granted shall be deemed to be cancelled.

(Akhilesh Chandra, J.)
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