Baliram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5380 of 2020 Arising Out of PS. Case No.-407 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== 1.

Baliram Singh S/o Late Ambika Singh 2.

Ajay Singh S/o Late Ambika Singh 3.

Rahul Kumar S/o Baliram Singh 4.

Chandan Kumar S/o Baliram Singh 5.

Raj Ballam Singh @ Raj Ballam Ram S/o Late Chhotan Singh 6.

Arvind Paswan S/o Late Mahawan Paswan 7.

Munna Paswan S/o Late Mahawan Paswan 8.

Umesh Singh @ Bucha Singh S/o B.P. Singh 9.

Nabin Ram S/o Raj Ballam Ram 10.

Sudhir Ram @ Sudhir Kumar S/o Raj Ballam Ram 11.

Anil Kumar S/o Jatan Ram 12.

Lalan Paswan S/o Baldeo Paswan 13.

Ram Bilas Paswan @ Ram Bali Paswan S/o Baldeo Paswan All resident of village- Milkichak, Rampur, P.S.- Ghosi, District- Jehanabad ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Dinesh Jha, Advocate For the Opposite Party :

Mr.Akbar Ali, APP For the Informant :

Mr. Y.V.Giri, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-06-2020 Heard learned counsel for the petitioners; learned Additional Public Prosecutor appearing on behalf of the State and learned senior counsel appearing on behalf of the informant. The petitioners, who are 13 in number, are apprehending arrest in connection with Ghosi (Okri) P.S. Case No. 407 of 2019 for offences under Sections 147, 148, 149, 341,

Patna High Court CR. MISC. No.5380 of 2020(3) dt.30-06-2020 2/3 323, 324, 307 and 379 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedents. Learned counsel with reference to the first information report submits that there is allegation of assault against co-accused Binod Singh who is not the petitioner in the case. He further submit that in fact, the informant's side are accused in murder case of the family of the petitioners.

Mr. Y.V. Giri, learned senior counsel appearing on behalf of the informant, opposes the prayer for anticipatory bail. He submits that in this case three persons have sustained injuries and the informant sustained lacerated wound on the right parietal region of head 11⁄4" x 1/4" x scalp deep, swelling and tenderness on the left leg and left forehead caused by hard and blunt substance. It is seen that injuries sustained are simple in nature and no injury is attributed to these petitioners. Considering the fact situation and on perusal of the case diary, the Court is of the view that the petitioners deserve bail. The prayer for anticipatory bail is allowed. Let petitioners, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.5380 of 2020(3) dt.30-06-2020 3/3 Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-1, Jehanabad in connection with Ghosi (Okri) P.S. Case No.407 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and subject to further condition that on release, the petitioners shall render their services as volunteers in the District Health Centre for a period of one month in dedicated Covid hospital. They are required to report the District Nodal Officer in the concerned region who shall utilise the services of the petitioners appropriately.

(Anil Kumar Upadhyay, J) BT/- U T