Kishori Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4833 of 2020 Arising Out of PS. Case No.-192 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Kishori Singh Son of Late Ambika Singh Resident of Village - Chamandih, P.S.- Makhdumpur, Distt - Jehanabad.

2.

Vivek Singh @ Vivek Kumar Son of Late Ranjeet Singh Resident of Village - Chamandih, P.S.- Makhdumpur, Distt - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 332, 353, 384, 186, 188, 171(c), 504 and 506/34 of the Indian Penal Code.

The prosecution case as per the written report of Dinesh Puri, Executive Officer, Nagar Panchayat, Makhdumpur submitted to the Station House Officer of Makhdumpur Police Station that on 30.04.2019 at 2.30 P.M. the informant was conducting inspection of basic amenities at Booth No. 182 when co-accused Karan Singh, Baikunth Singh and Jhopar

Patna High Court CR. MISC. No.4833 of 2020(2) dt.29-02-2020 2/3 Singh started abusing for non-payment of extortion money. It is alleged against the petitioners that on 01.05.2019, they threatened the informant through mobile phone not to take any action against the occurrence.

It is submitted by learned counsel for the petitioners that the thrust of accusation of assault is against other co-acused persons and similarly situated co-accused Karan Singh has been granted anticipatory bail by Co-ordinate bench of this Court vide order dated 24.07.2019 passed in Cr. Misc. No. 45594 of 2019. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR.

Considering the nature of accusation and the fact that the similarly situated co-accused has been granted anticipatory bail by Co-ordinate bench of this Court, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.4833 of 2020(2) dt.29-02-2020 3/3 amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 192 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T