Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2330 of 2022 Arising Out of PS. Case No.-57 Year-2021 Thana- NTPC KHAIRA District- Aurangabad ====================================================== 1.
DEEPAK KUMAR Son of Vijay Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
2.
Ranvijay Sngh Sonof Ramnandan Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
3.
Chitranjan Singh @ Chitti Singh Son of Subba Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad. 4.
Rana Pratap Singh Son of DFevendra Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad. 5.
Mahendra Singh Sonof Nageshwar Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
6.
Hirendra Singh Son of Nageshwar Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
7.
Kamla Singh Son of Satyanarain Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
8.
Nikil Singh Son of Ranvijay Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
9.
Kaushal Singh Son of Ranvijay Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
10.
Dhananjay Singh Son of Kamla Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
11.
Sanjay Singh Son of Kamla Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
12.
Santosh Singh Son of Late Jangbahadur Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad. 13.
Ramesh Singh Son of Late Sheonandan Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad. 14.
Ganesh Singh Son of Late Sheonandan Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad. 15.
Sheonath Singh Son of Saryu Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
16.
Alok Singh Son of Late Rajeshwar Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
17.
Ganesh Singh Son of Shivmangal Singh Resident of Village - Majhiyawan, P.s.- Nabinagar, Distt.- Aurangabad.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s
Patna High Court CR. MISC. No.2330 of 2022(2) dt.08-08-2022 2/3 ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-08-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as Mr. Shailendra Kumar Additional Public Prosecutor for the State and the learned counsel for the informant.
The petitioners apprehended their arrest in connection with N.T.P.C. Khaira P.S. Case No. 57 of 2021 registered for the offence under Sections 147, 148, 149, 448, 341, 323, 325, 307, 337, 338, 504, 506, 379 and 427 of the Indian Penal Code and Section 27 of Arms Act.
As per allegation, the petitioner became successful in election of Mukhiya. Thereafter, supporters of defeated candidate, Pramod Kumar including the eighty one named accused persons came to his house with arms i.e. latthi, danda, rifle, pistol etc. and they assaulted Ujjawal Kumar and the informant. Learned counsel for the petitioners submitted that there is dispute between the parties in respect of election of Mukhiya. It is submitted that there is case and counter-case and the allegation against the petitioners is general and omnibus.
Patna High Court CR. MISC. No.2330 of 2022(2) dt.08-08-2022 3/3 On the other hand, learned counsel for the informant has submitted that the some of the accused persons were carrying fire arms with them.
The allegation is general and omnibus and there is no fire arm injury on any of the injured persons and it appears rivalry due to election of Mukhiya.
Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released, on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with N.T.P.C. Khaira P.S. Case No. 57 of 2021, subject to condition as laid down under Section 438(2) Cr.P.C.
Office shall ensure that all defects are removed by the petitioner within the stipulate time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) shweta/- U T