Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20081 of 2021 Arising Out of PS. Case No.-159 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Ajay Singh, male, aged about 42 years, S/O- Jain Singh 2.

Arbind Singh, male, aged about 35 years, S/O- Bachcha Singh 3.

Mantu Singh, male, aged about 32 years, S/O- Bachcha Singh 4.

Sanjay Singh, male, aged about 45 years, S/O- Late Ramadhar Singh 5.

Santosh Singh, male, aged about 40 years, S/O- Late Ramadhar Singh 6.

Prabhu Singh, male, aged about 45 years, S/O- Sarvdeo Singh All are R/o- Naurangia Dih, P.S.- Madhuban, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-04-2022 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Madhuban P.S. Case No. 159 of 2020, dated 30.05.2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 354(B) and 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.20081 of 2021(2) dt.15-04-2022 2/3 One Vijay Singh and Bachcha Singh are said to have assaulted the informant and one Jitendra Singh, as a result of which aforesaid Jitendra Singh has received grievous injury. The informant appears to have received only simple injuries. Other accused persons including some of the petitioners are said to have assaulted the other members of the prosecution party.

There is a counter version of the occurrence also and one of the co-accused persons of this case, namely, Vijay Singh has received grievous injury in that occurrence. The F.I.R. of the counter case has been lodged by petitioner No. 1 vide Madhuban P.S. Case No. 169 of 2020. It has been submitted on behalf of the petitioners that they are not alleged to have caused grievous injury to Jitendra Singh. It has further been submitted that though they are said to have participated in the assault, but the injuries which have been suffered by the victims are not grievous in nature.

Regard being had to the background facts, namely, the counter case and the manner in which the accusation has

Patna High Court CR. MISC. No.20081 of 2021(2) dt.15-04-2022 3/3 been hurled against the petitioners and also taking into account that co-accused/Vijay Singh has been granted anticipatory bail by a Bench of this Court vide order dated 08.02.2022 passed in Cr. Misc. No. 12197 of 2021, the petitioners, in the event of their arrest or surrender before the learned Court below within a period of four 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 Additional Chief Judicial Magistrate-IV, East Champaran, Motihari in connection with Madhuban P.S. Case No. 159 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T