Raghubansh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17300 of 2021 Arising Out of PS. Case No.-213 Year-2020 Thana- OBRA District- Aurangabad ====================================================== 1.
RAGHUBANSH SINGH SON OF LATE KAMLA SINGH RESIDENT OF VILLAGE- KAJHWAN, P.S.- OBRA, DISTRICT- AURANGABAD. 2.
BINOD SINGH SON OF MANI SINGH RESIDENT OF VILLAGEKAJHWAN, P.S.- OBRA, DISTRICT- AURANGABAD. 3.
RAKESH SINGH SON OF MANI SINGH RESIDENT OF VILLAGEKAJHWAN, P.S.- OBRA, DISTRICT- AURANGABAD. 4.
AMRESH SINGH SON OF RAGHUANSH SINGH RESIDENT OF VILLAGE- KAJHWAN, P.S.- OBRA, DISTRICT- AURANGABAD. 5.
SUMIT KUMAR SON OF BINOD SINGH RESIDENT OF VILLAGEKAJHWAN, P.S.- OBRA, DISTRICT- AURANGABAD. 6.
SAURABH KUMAR SON OF RAKESH SINGH RESIDENT OF VILLAGE- KAJHWAN, P.S.- OBRA, DISTRICT- AURANGABAD. 7.
SACHIN KUMAR SON OF RAKESH SINGH RESIDENT OF VILLAGEKAJHWAN, P.S.- OBRA, DISTRICT- AURANGABAD. 8.
HIMANSHU KUMAR SON OF AMRESH SINGH RESIDENT OF VILLAGE- KAJHWAN, P.S.- OBRA, DISTRICT- AURANGABAD. 9.
KUNDAN KUMAR SON OF RAGHUBANSH SINGH RESIDENT OF VILLAGE- KAJHWAN, P.S.- OBRA, DISTRICT- AURANGABAD. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-01-2022 Heard Mr. Sabal Kumar Jha, learned counsel for the petitioner and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Obra P. S. Case No. 213 of 2020, instituted for the offences under Sections 341, 323, 325,
Patna High Court CR. MISC. No.17300 of 2021(2) dt.07-01-2022 2/3 307, 379 and 504 of the Indian Penal Code.
The petitioners are said to have assaulted the members of the prosecution party over the issue of throwing of garbage.
The learned counsel for the petitioners has submitted that several persons have been made accused in this case including the petitioners with general and omnibus allegation against all.
It has also not been stated in the F.I.R. as to who all have received injuries in the occurrence. The perusal of the impugned order indicates that injury reports of the injured persons are available in the case-diary but the same has not been specified in the impugned order.
The learned counsel for the petitioners has submitted that all the injuries are reported to have been caused by hard and blunt substance.
There is a counter version of the occurrence also. Since the parties are agnates and neighbours and the occurrence arose out of a dispute over throwing of
Patna High Court CR. MISC. No.17300 of 2021(2) dt.07-01-2022 3/3 garbage, they have decided not to prosecute each other and have compounded the case.
None of the injuries received by anyone of the victims are life threatening.
Considering the afore-stated facts, the petitioners, above-named, in the event of their arrest or surrender before the court below within a period of six weeks, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M.,Aurangabad, in connection with Obra P. S. Case No. 213 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The petition stands allowed.
(Ashutosh Kumar, J) sunilkumar/- U T