Madhu Ranjan Singh @ Madhurendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5184 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Madhu Ranjan Singh @ Madhurendra Kumar, S/o Ram Lagan Singh, R/o village- Dhanauji, P.S.- Pakaridayal, Distt- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Uma Shankar Prasad, Sr. Advocate Mr. Kamala Kant Tiwary, Advocate Mr. Kundan Rathore, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

For the Informant :

Mr. Dharmveer, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 341, 307, 324, 323, 120(B), 504, 506 and other allied sections of the Indian Penal Code.

As per prosecution case, all the F.I.R. named accused persons including this petitioner and 40-50 unknown persons are alleged to have abused and assaulted the informant and his brother causing multiple injuries.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He next submits that due to land dispute between the parties, a free fight took place in which both sides sustained injuries. Case and counter case. No specific overt act has been

Patna High Court CR. MISC. No.5184 of 2023(2) dt.17-04-2023 2/2 alleged against the petitioner. It is further submitted that similarly situated co-accused persons namely, Ram Ayodhya Singh and Ramdev Singh have already been granted anticipatory bail by this Hon'ble Court vide order dated 06.04.2023 passed in Cr. Misc. No. 74898 of 2022. Learned counsel for the informant vehemently opposes the bail application and submits that petitioner is named in the F.I.R. and six persons sustained injury. Considering no specific overt act against the petitioner and the fact that similarly situated co-accused persons have already been granted anticipatory bail, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in Pakaridayal P. S. Case No. 123 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.