Himanshu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13951 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

HIMANSHU KUMAR SINGH Son of Late Basuki Nath Singh Resident of Village - Parora, P.S. Sahebpur Kamal, District - Begusarai. 2.

Prakash Singh @ Prakash Kumar Singh @ Mintu Son of Late Basuki Nath Singh Resident of Village - Parora, P.S. Sahebpur Kamal, District - Begusarai.

3.

Sudhist Singh @ Gujju Singh Son of Late Chekan Singh Resident of Village - Parora, P.S. Sahebpur Kamal, District - Begusarai. 4.

Jayesh singh Son of Late Basuki Nath Singh Resident of Village - Parora, P.S. Sahebpur Kamal, District - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP For the informant : Mr. Aditya Nath Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in S. Kamal P.S. Case No. 148 of 2020 initially registered for the offence under Sections 341, 323, 379, 447, 337, 34 of the Indian Penal Code and later on, Section-307 of the Indian Penal Code was also added.

Patna High Court CR. MISC. No.13951 of 2021(2) dt.24-02-2022 2/3 Prosecution case, in short is that in the morning on 13-052020 while the informant was washing his mouth in the house and was feeding cow, all of a sudden, the accused persons reached there and started assaulting by making abuse and throwing bricks.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. Both the parties are agnates. Due to family dispute, the alleged occurrence is said to have taken place. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Begusarai in connection with

Patna High Court CR. MISC. No.13951 of 2021(2) dt.24-02-2022 3/3 S. Kamal P.S. Case No. 148 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T