Umashankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 8525 of 2023 Arising Out of PS. Case No.-230 Year-2022 Thana- PATAHI District- East Champaran ====================================================== 1.
UMASHANKAR SINGH Son of Late Sitaram Singh R/v- Ratan Sayar, P.S.- Patahi, District- East Champaran 2.
DR. SHASHI KUMAR Son of Umashankar Singh R/v- Ratan Sayar, P.S.- Patahi, District- East Champaran 3.
KUMAR RAVI PRAKASH Son of Umashankar Singh R/v- Ratan Sayar, P.S.- Patahi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioners and learned APP for the State.
This is an application for grant of anticipatory bail in connection with G.R.No.6698 of 2022, arising out of Patahi P.S. Case No.230 of 2022, registered for offences under Sections 341, 323, 353, 427, 504, 506/34 of the IPC.
The allegation is regarding the staff of Uttar Bihar Gramin Bank, Bakhari having gone to the premises of the petitoiners to serve notice of Lok Adalat, regarding non-payment of loan,
2/4 amongst the petitioners no.2 and 3, however, they refused to accept the notice and misbehaved with the informant and subsequently, the accused persons i.e. the petitioners herein are stated to have gone to the branch office of Uttar Bihar Gramin Bank at Bakhari and abused and misbehaved with the staff members.
The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that the petitioners are reputed persons of the society, have not engaged in any misconduct, will definitely participate in the recovery proceedings, if any, and moreover there is no injury report on record to suggest that the petitioners had assaulted the informant or other staff members of the aforesaid bank in question, hence the petitioners be granted the privilege of anticipatory bail.
Per contra, the learned APP for the State
3/4 has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled qua the petitioners herein and moreover, it has been contended that no staff member of the aforesaid branch of the bank in question, have sustained any serious injuries, apart from the fact that the petitioners are having a clean antecedent, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.
Accordingly, the above named petitioners are directed to be enlarged on anticipatory 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 furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction
4/4 of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Patahi P.S. Case No.230 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) kanchan/- U T