Prakash Singh @ Prakash Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19078 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== 1.

PRAKASH SINGH @ PRAKASH KUMAR SINGH SON OF RAM PRAVESH SINGH Resident of Village - Hatha, P.S.- Shyampur Bhatha, Distt.- Sheohar.

2.

Vijay Singh @ Vijay Kumar Singh Son of Ramesh Pratap Singh Resident of Village - Hatha, P.S.- Shyampur Bhatha, Distt.- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Bidhu Ranjan, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2022 Heard Dr. Bidhu Ranjan, learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in anticipation of their arrest in connection with Shyampur Bhatha P. S. Case No. 124 of 2020 instituted for the offences under Sections 307, 323, 341, 447, 452, 504 and 506/34 of the Indian Penal Code. It has been alleged by the informant that after losing in the Mukhiya elections in the year 2016, he had gone to Delhi but had returned to his home constituency only in the year 2020. While he was campaigning in the Panchayat Election on 28.07.2020, he was assaulted by accused persons including the

Patna High Court CR. MISC. No.19078 of 2021(2) dt.10-01-2022 2/3 petitioners.

Thereafter, instead of lodging the case, the informant is said to have met the higher district level functionaries and registered his complaint. Aggrieved by this, it has been alleged that the petitioners and other accused persons entered his house on 29.07.2020 and gave a push to his mother.

The learned counsel for the petitioners has submitted that there is no injury received by anybody, much less the mother of the informant. Apart from this, it has been submitted that the accusation is absolutely general and omnibus and appears to have been motivated by the rivalry generated at the hustings.

The petitioners do not have criminal antecedents. Considering the afore-noted submissions on behalf of the petitioners, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Shyampur Bhatha P. S. Case No. 124 of 2020, subject to the

Patna High Court CR. MISC. No.19078 of 2021(2) dt.10-01-2022 3/3 condition as laid down under Section 438 (2) Cr. P.C. The application stands allowed.

(Ashutosh Kumar, J) mantreshwar/- U T