Chandan Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5914 of 2019 Arising Out of PS. Case No.-78 Year-2018 Thana- NAYAGAON District- Begusarai ======================================================
1. Chandan Kumar Son of Ram Balak Singh Village-Nayagaown, P.SNayagaown
2. Kundan Kumar Son of Ram Balak Singh Village-Nayagaown, P.SNayagaown
3. Ram Balak Singh Son of Late Rameshwar Singh Village-Nayagaown, P.SNayagaown
4. Chandan Singh @ Chandan Kumar Son of Arvind Singh Village-Nayagaown, P.S- Nayagaown
5. Ajay Singh @ Ajay Kumar Son of Arvind Singh Village-Nayagaown, P.SNayagaown
6. Kari Singh @ Sanjeev Singh son of Ramashish Singh Village-Nayagaown, P.S- Nayagaown
7. Raushan Kumar son of Late Mango Singh Village-Nayagaown, P.SNayagaown
8. Bashant Kumar son of Gorelal Singh Village-Nayagaown, P.S- Nayagaown ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-02-2019 Learned counsel for the petitioners has submitted that one of the petitioners, namely, Kari Singh @ Sanjeev Singh / petitioner no. 6 has been arrested. The application as against him has therefore become infructuous. The case of petitioner no. 6 is dismissed as having become infructuous.
Heard the learned counsel for the petitioners and
Patna High Court Cr.Misc. No.5914 of 2019(2) dt.04-02-2019 2/3 the State.
The petitioners seek bail in anticipation of their arrest in connection with Nayagaown P. S. Case No. 78 of 2018 dated 20.10.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 427, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. Over the issue of parking a vehicle, an occurrence took place, wherein the petitioners are alleged to have resorted to firing and also assaulted some of the members of the prosecution side.
Learned counsel for the petitioners has submitted that absolutely false allegation has been levelled against persons who have raised protest against the faulty functioning of the Durga Surveillance Committee, of which the informant is a member.
A counter version of the occurrence has also been lodged at the instance of petitioner no. 1.
No injury has been caused to anybody and no mark of violence was also found by the I.O. on his visit to the place of occurrence.
Patna High Court Cr.Misc. No.5914 of 2019(2) dt.04-02-2019 3/3 Considering the afore-stated facts, the petitioners, except petitioner no. 6, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sri Rajeev Kumar Bharti, ACJM-IV, Begusarai in connection with Nayagaown P. S. Case No. 78 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U