Babloo Singh @ Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7835 of 2022 Arising Out of PS. Case No.-282 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.

BABLOO SINGH @ BABLOO KUMAR Son of Upendra Singh Resident of Village - Ranauli, Ward No. 11, P.S. - Bathnaha, District - Sitamarhi. 2.

Sudhir Singh @ Sudhir Kumar Son of Upendra Singh Resident of Village - Ranauli, Ward No. 11, P.S. - Bathnaha, District - Sitamarhi. 3.

Upendra Singh Son of Chandeshwar Singh Resident of Village - Ranauli, Ward No. 11, P.S. - Bathnaha, District - Sitamarhi. 4.

Satyendra Singh Son of Chandeshwar Singh Resident of Village - Ranauli, Ward No. 11, P.S. - Bathnaha, District - Sitamarhi. 5.

Bachol Singh Son of Late Ramphal Singh Resident of Village - Ranauli, Ward No. 11, P.S. - Bathnaha, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate Mrs. Divya Bharti, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

Learned counsel for the petitioners seeks permission of the Court to withdraw the present application in respect of petitioner no. 3 as he has been taken into judicial custody. Permission is accorded.

Patna High Court CR. MISC. No.7835 of 2022(2) dt.11-05-2022 2/3 The application is dismissed as withdrawn in respect of petitioner no. 3.

The petitioner nos. 1, 2, 4 and 5 are apprehending their arrest in a case registered under Sections 341, 323, 324, 325, 354(B), 379, 504, 506, 34 of the Indian Penal Code. The prosecution allegation, in short, is that the accused persons assaulted the informant and family members due to which they sustained injuries.

It has been submitted on behalf of the petitioner nos. 1,2,4 and 5 that the petitioner nos. 1 and 2 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner nos. 1, 2, 4 and 5. The petitioner nos. 1,2,4 and 5 have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner nos. 1,2,4 and 5 are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner nos. 1, 2, 4 and 5, above named, in the event of arrest/surrender before the learned court below within a period

Patna High Court CR. MISC. No.7835 of 2022(2) dt.11-05-2022 3/3 of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 282 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T