Munna Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17270 of 2019 Arising Out of PS. Case No.-125 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) * ====================================================== 1.

Munna Singh, Son of Late Ganga Singh Resident of Village- Betari, P.S. - Bhabua, District - Kaimur at Bhabua.

2.

Guddu Tiwari, Son of Late Rajendra Tiwari Resident of Village - Betari, P.S.- Bhabua, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323 and 307 of the IPC.

The prosecution case, as per the written report of Sheikh Sainuddin, dated 16.02.2018 submitted to the Station House Officer, Bhabhua Police Station, is to the effect that all the 11 F.I.R. named accused persons including the petitioners came and assaulted the informant and his nephew.

It is submitted by learned counsel for the petitioners that accusation against the petitioners is omnibus and general. The injuries of the informant's side have been found superficial

Patna High Court CR. MISC. No.17270 of 2019(2) dt.26-03-2019 2/2 simple in nature. Moreover, similarly situated co-accused persons have been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 11.10.2018, passed in Cr. Misc. No. 61979 of 2018.

Learned APP submits that the petitioners are named in the F.I.R. with specific accusation.

Considering the fact that the accusation against the petitioner is omnibus and general, injuries of the informant's side have been found superficial simple in nature and similarly situated co-accused persons have been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 125 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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