Sujeet Singh @ Mukesh Singh @ Mukesh ... vs The State Of Bihar on 29 January, 2016

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Patna High Court - Orders

Sujeet Singh @ Mukesh Singh @ Mukesh ... vs The State Of Bihar on 29 January, 2016

Bench: Birendra Prasad Verma

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.48043 of 2015
                      Arising Out of PS.Case No. -208 Year- 2013 Thana -HARNAUT District- NALANDA
                                                      (BIHARSHARIFF)
                 ======================================================
                 1. Sujeet Singh @ Mukesh Singh @ Mukesh Kumar, Son of Srikant Singh,
                 2. Rakesh Kumar, Son of Srikant Singh,
                 3. Omkar Singh @ Onkar Singh, Son of Umesh Singh @ Golu Singh,
                 All are Residents of Village - Ghokhulpur, P.S. - Harnaut, District -
                 Nalanda.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar

                                                               .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Ajay Kumar Thakur, Adv.
                                             Mr. Pravin Kumar, Adv.
                 For the Opposite Party/s : Mr. Harendra Prasad, APP
                 For the Informant         : Mr.Sanjay Kumar Pandey, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
                 ORAL ORDER

3   29-01-2016

Heard.

The petitioners apprehend their arrest in a criminal prosecution registered under Sections 302/34 of the Indian Penal Code.

Though the petitioners are named in the FIR vide Annexure-1 as accused persons, but taking into consideration the fact that in the FIR vide Annexure-1 itself it has been admitted that the death of the deceased Arun Singh had taken place on account of taking excessive wine, which was allegedly offered by the petitioners, this Court is inclined to accede to the prayer for anticipatory bail made on behalf of the petitioners. Accordingly, their prayer for anticipatory bail is allowed.

In the event of their arrest or surrender in the court below within a period of four weeks from today, let the above Patna High Court Cr.Misc. No.48043 of 2015 (3) dt.29-01-2016 2 named petitioners be enlarged on bail on furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 208 of 2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and subject to further conditions that:

(A) One of the bailors must be government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Prasad Verma, J) Arvind/-

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Patna High Court - Orders