Taranand Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16711 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -BELHAR District- BANKA ======================================================
1. Taranand Singh, son of Dasrath Pd. Singh,
2. Krityanand Singh @ B.N. Singh, son of Dasrath Pd. Singh,
3. Uttam Kumar Singh, son of Taranand Singh,
4. Sunil Kumar Singh, son of Kamleshwari Singh,
5. Vishal Singh @ Vishal Kumar Singh, son of Shekhar Singh, All resident of Village- Bahorna, P.S.- Belhar (Khesar), District- Banka. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17806 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -BELHAR District- BANKA ====================================================== Anupam Singh S/o Bivash Singh, Resident of village - Bahorna, P.S. - Belhar (Khehsar), Dist - Banka.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.16711 of 2017) For the Petitioner/s : Mr. Pranav Kumar For the Opposite Party/s : Mr. Sri Panchanand Pandit (In Cr.Misc. No.17806 of 2017) For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Belhar
P.S. Case No. 144 of 2016, registered under Sections 147, 148, 149, 341, 324, 323, 307, 379, 504 and 506 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code has been added.
The allegation of informant, Rikku Devi, is that nine persons named in the F.I.R. including the petitioners came at the door of the informant and started to abuse, on which, her husband, father-in-law and mother-in-law came out of the house and made query then Avinash Singh told that Kapildeo Singh has came out of the house and gave order to kill him. Thereafter, they started to cause assault to Kapildeo Singh, father-in-law of the informant. Mother-in-law and husband of the informant rushed to save her father-in-law then they were also assaulted. Thereafter, Kapildeo Singh, father-in-law of the informant, rushed to the Hospital but he died in course of treatment.
Learned counsel for the petitioners submits that while petitioners, Taranand Singh, Uttam Kumar Singh, Vishal Singh @ Vishal Kumar Singh and Anupam Singh, are named in the F.I.R. but no specific overt act has been attributed against them. Further submission is that the names of the petitioners, Krityanand Singh @ B.N. Singh and Sunil Kumar Singh, have surfaced after lodging the present case in the statement of the mother-in-law of the
informant as members of mob. It is further submitted that similarly situated co-accused, Jeevan Singh and Kunal Singh, who are named in the F.I.R, have already been granted privilege of bail by this Court vide order dated 10.02.2017 passed in Criminal Misc. No. 54585 of 2016.
Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-IV, Banka, in connection with S. Tr. No. 228 of 2016 arising out of Belhar P.S. Case No. 144 of 2016. Out of two sureties, one surety must be the close relative of the petitioners.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T