Sanjay Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14321 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -BHELDI District- SARAN ======================================================
1. Sanjay Singh, S/o Late Satya Narayan Singh.
2. Saroj Singh @ Saroj Vidharthi, S/o Late Satya Narayan Singh.
3. Santosh Singh, S/o Late Satya Narayan Singh.
4. Akhilesh Singh, S/o Ganpat Singh,
5. Sumit Kumar, S/o Sanjay Singh.
All Resident of Village- Molanapur Nahar, P.S.- Bheldi, Marhaura, District- Chapra, Saran.
.... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Maheshwar Prasad, Advocate For the Opposite Party : Mr. Yogendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-05-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners apprehend their arrest in connection with Bheldi P.S. Case No. 03 of 2017, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.
Allegedly, sixteen F.I.R. named accused persons including the petitioners came being armed with iron rod, Khukhari, lathi and danda and surrounded the informant. The petitioner no.1 after abusing caught the neck of the informant and closed his mouth. The petitioner no.3 Santosh Singh started
Patna High Court Cr.Misc. No.14321 of 2017 (2) dt.05-05-2017 2/3 cutting neck with Khukhari. The petitioner nos. 2 and 3 caught the arm and the petitioner no.5 assaulted with iron rod and fractured the right leg and others committed theft of cash and ring. Submission is of false implication and that no injury as such has been found by the doctor vide Annexure-2, on the neck, abrasion has been found which is size of 2 inch x 2 inch and, as such, the petitioners deserve sympathetic consideration The learned A.P.P. opposes the prayer of pre-arrest bail.
In the facts and circumstances as stated above, considering that on the neck the abrasion has been found and, as such, I am not inclined to grant privilege of pre-arrest to petitioner no. 3 (Santosh Singh) and accordingly his such prayer stands rejected.
So far other petitioner no. 1 (Sanjay Singh), petitioner no. 2 (Saroj Singh @ Saroj Vidharthi), petitioner no.4 (Akhilesh Singh) and petitioner no.5 (Sumit Kumar) are concern in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-12th , Chapra, Saran, in
Patna High Court Cr.Misc. No.14321 of 2017 (2) dt.05-05-2017 3/3 connection with Bheldi P.S. Case No. 03 of 2017 (G.R. 119 of 2017), subject to the conditions as laid down in section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J.) Rajiv/- U T