Excerpt
in the high court of judicature at patna criminal miscellaneous no.1563 of 2012 arjun prasad singh, gopal singh, ram nath singh, nilam singh @ nilmani singh & ram sagar singh versus the state of bihar ---------------------------------- 02. 11.01.2012. heard mr. abhimanyu sharma, learned counsel for the petitioners and learned counsel smt. rina sinha appearing on behalf of the state. the petitioners apprehend their arrest in connection with a case registered under sections 147, 148, 149, 323, 333, 353, 307, 225 and 504 of the indian penal code. it is submitted that after investigation the investigating officer came to a conclusion that the petitioners were falsely implicated in the case and accordingly final form was submitted holding the prosecution allegation to be mistake of fact on 02.12.2005. subsequently, differing with the police report, the learned additional chief judicial magistrate, rosera took cognizance of the offence by order dated 05.03.2010 and summoned the petitioners also. another co- accused arbind kumar singh having identical allegation has already been granted anticipatory bail passed in cr.misc.no.25395 2 of 2011 by another bench of this court. considering the facts and circumstances of the case, let the petitioners, namely, arjun prasad singh, gopal singh, ram nath singh, nilam singh @ nilmani singh and ram sagar singh in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of rs.5,000/-(five thousand)each with two sureties of the like amount each to the satisfaction of the additional chief judicial magistrate, rosera in connection with singhia p.s.case no.06 of 2011, subject to the condition as laid down under section 438(2)of the cr.p.c. b.kr. ( ashwani kumar singh,j.)
Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1563 of 2012 Arjun Prasad Singh, Gopal Singh, Ram Nath Singh, Nilam Singh @ Nilmani Singh & Ram Sagar Singh Versus The State Of Bihar ---------------------------------- 02. 11.01.2012. Heard Mr. Abhimanyu Sharma, learned counsel for the petitioners and learned counsel Smt. Rina Sinha appearing on behalf of the State. The petitioners apprehend their arrest in connection with a case registered under Sections 147, 148, 149, 323, 333, 353, 307, 225 and 504 of the Indian Penal Code. It is submitted that after investigation the investigating officer came to a conclusion that the petitioners were falsely implicated in the case and accordingly final form was submitted holding the prosecution allegation to be mistake of fact on 02.12.2005. Subsequently, differing with the police report, the learned Additional Chief Judicial Magistrate, Rosera took cognizance of the offence by order dated 05.03.2010 and summoned the petitioners also. Another co- accused Arbind Kumar Singh having identical allegation has already been granted anticipatory bail passed in Cr.Misc.No.25395 2 of 2011 by another Bench of this Court. Considering the facts and circumstances of the case, let the petitioners, namely, Arjun Prasad Singh, Gopal Singh, Ram Nath Singh, Nilam Singh @ Nilmani Singh and Ram Sagar Singh in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs.5,000/-(five thousand)each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera in connection with Singhia P.S.Case No.06 of 2011, subject to the condition as laid down under Section 438(2)of the Cr.P.C. B.Kr. ( Ashwani Kumar Singh,J.)