Kamlesh Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4920 of 2016 Arising Out of PS.Case No. -171 Year- 2015 Thana -BARUN District- AURANGABAD ======================================================

1. Kamlesh Singh

2. Binod Singh @ Anand Singh Both sons of Shiv Dayal Singh

3. Pankaj Kumar Singh @ Pankaj Kumar Son of Ram Swaroop Singh All residents of Village- Eguna, P.S. Barun, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Sinha For the Opposite Party/s : Mr. Awadhesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code. The prosecution case is that petitioners along with one Umesh Singh restrained the informant when the informant was returning to his house when on the order of petitioner No. 1 Kamlesh Singh, petitioner No. 2 Binod Singh caused injuries with knife trice on the head of the informant. It is alleged against petitioner No. 3 that he pressed the neck of the informant along with co-accused Umesh Singh. It is submitted by learned counsel for the petitioners that injury has been found to be simple in nature and there is no injury on the neck.

A statement has been made in para 3 of the

Patna High Court Cr.Misc. No.4920 of 2016 (2) dt.05-02-2016 2/2 petition that petitioners have no criminal antecedent. Considering the specific accusation of assault against petitioner No. 2 Binod Singh, let learned Court below consider the prayer for regular bail of the petitioner No. 2, if he surrenders within a period of six weeks in connection with Barun P.S. Case No. 171 of 2015, pending in the Court of learned Chief Judicial Magistrate, Aurangabad. With the observations above, the application with regard to petitioner No. 2 stands disposed of. So far as petitioner Nos. 1 and 3 are concerned, keeping in view of the nature of accusation and they being no criminal antecedent, let the petitioner Nos.

1 and 3 , above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 171 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T