Bhikhari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50697 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -MEDANICHOWK District- LAKHISARAI ====================================================== Bhikhari Singh, S/o Radhe Singh, R/o Village - Nandanpur, P.S. - Suryagarha, District - Lakhisarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Sinha For the Opposite Party : Mr. Ajay Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Medini Chowki P.S. Case No. 22 of 2015 registered under Section 147, 148, 149, 324, 307, 506 and 353 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that on 05.03.2015, the informant Sujit Kumar Ranjan, Assistant Engineer, was deputed as Magistrate on the eve of Holi festival to maintain law and order in village Abgil Hussain. Due to that reason, Police personal were also present there and they heard noise towards the Ringh Bandh. When informant and other Police personnel, deputed with him, reached there, they saw firing being made targeting the Administration. While the Police also made counter firing on the miscreants. One Ajay Paswan, Mukhiya of

Patna High Court Cr.Misc. No.50697 of 2015 (2) dt.05-02-2016 2/2 the village sustained injuries.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that petitioner is not named in the F.I.R. as Medini Chowki P.S. Case No. 22 of 2015 is instituted against unknown. The petitioner who belongs to the village Nandanpur village, which was adjacent village of the place of occurrence, has falsely been implicated in this case because petitioner is accused in seven other cases. Further submission is that petitioner is in custody since 12.08.2015. Similarly situated co-accused, namely, Nitish Yadav has already been granted privilege of bail by a coordinate Bench of this Court vide order dated 29.09.2015 passed in Criminal Misc. No. 45246 of 2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Lakhisarai in connection with Medini Chowki P.S. Case No. 22 of 2015.

(Rajendra Kumar Mishra, J) manish/- U T