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2007 DIGILAW 1828 (PAT)

Sunil Kumar Singh v. State Of Bihar

2007-11-28

DHARNIDHAR JHA

body2007
Judgment 1. It is submitted that petitioner no. 2 Rakesh Kumar Singh has been arrested. His prayer has become infructuous and is dismissed as such. 2. Heard. 3. The renewal prayer is on behalf of the remaining two petitioners Sunil Kumar Singh and Sanjeev Kumar Singh whose earlier prayer for anticipatory bail was dismissed by order dated 8.5.2007 in Cri. Misc. No. 20744/07 which petition was dismissed jointly with another Cri.Misc. No. 20619/07 on the ground for renewal for the prayer is that one of the most important aspect of the matter could not be pointed out to the Court leading to pass an order disfavourable to the petitioners. The aspect which was meant to be pointed out was that after investigation the police submitted the final form and the petitioners and other accused persons have been summoned on protest petition by way of complaint. Considering this aspect of the matter Tarkeshwar Singh whose petition was dismissed by the common order dated 8.5.2007 has been admitted to anticipatory bail by me on 17.9.2007. 4. The objection of behalf of the complainant raised by his learned counsel is that either the petitioner should have surrendered in the Court below or should have preferred bail before this Court and this could not be an usual petition to be preferred by the petitioners. I believe that renewal prayer could be made times and again if new facts surface on the record. The new fact was that the earlier prayer was dismissed on the ground that it was a case to be investigated into by the police. However, the police had submitted final form and further that the petitioner and other accused persons had been summoned on a complaint petition. This has been the usual practice of this Bench to admit such accused persons jointly to anticipatory bail, considering which Tarkeshwar Singh already got the privilege of bail u/s. 438 of the Code of Criminal Procedure. 5. Let petitioners Sunil Kumar Singh and Sanjeev Kumar Singh be directed to be released from custody either in the event of their arrest by the police of surrender in the Court below on furnishing bond of Rs. 5. Let petitioners Sunil Kumar Singh and Sanjeev Kumar Singh be directed to be released from custody either in the event of their arrest by the police of surrender in the Court below on furnishing bond of Rs. 10,000.00 each with two sureties of the like amount each to the satisfaction of Sri V.P.Tiwary, Judicial Magistrate, Saran at Chapra in U.T. No. 157/06 arising out of Mashrak P.S. Case No. 222/99 subject to the condition as laid down u/s. 438(2) of the Code of Criminal Procedure.