Alok Ranjan Singh @ Alok Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6956 of 2016 Arising Out of PS.Case No. -98 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================
1. Alok Ranjan Singh @ Alok Singh Son of late Binda Singh
2. Shatranjan Singh
3. Manish Kumar Both sons of Ashok Singh
4. Sonu Kumar Son of Shatranjan Singh
5. Akhileshwar Prasad Singh@Akhileshwar Singh Son of late Ram Swarth Singh
6. Nand Kishore Singh son of late Ramdeo Singh All residents of VillageJagdishpur Kothiya, P.s Tariyani, district Sheohar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Nirmal Kr.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504, 34 of the Indian Penal Code. The prosecution case is that ten accused persons including the petitioners came variously armed when co-accused Nageshwar Singh and petitioner No. 2 Shatranjan Singh ordered to assault, whereupon co-accused Nageshwar Singh assaulted with farsa to the brother of the informant on his head causing cut injury and when Mukesh Kumar Singh came to rescue then co-accused Mrityunjay Kumar assaulted with iron rod. Petitioner No. 4 Sonu Kumar assaulted with iron rod to the informant, as a result of which he received injury on
Patna High Court Cr.Misc. No.6956 of 2016 (2) dt.16-02-2016 2/3 his hand. It is further alleged that co-accused Anish Kumar assaulted Roushan Kumar with farsa.
It is submitted by learned counsel for the petitioners that except petitioner No. 4, accusation of assault has not been levelled against other petitioners. There is counter version of the occurrence and petitioners' side also received injuries. The accusation has been levelled in the background of land dispute.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let learned Court below consider the prayer for regular bail of the petitioner No. 4, Sonu Kumar, if he surrenders within a period of six weeks in connection with Tariyani P.S. Case No. 98 of 2015, pending in the Court of learned Additional Chief Judicial Magistrate, Sheohar.
With the observations above, the application with regard to petitioner No. 4 stands disposed of. So far as petitioner Nos. 1 to 3 and 5 to 6 are concerned, since there is no accusation against them to have caused injuries to the informant's side and they having no criminal antecedent, let the petitioners, above named, except petitioner No. 4, 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.
Patna High Court Cr.Misc. No.6956 of 2016 (2) dt.16-02-2016 3/3 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 98 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