Deepak Kumar Singh @ Deepak Surjbanshi @ Dimpal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13267 of 2020 Arising Out of PS. Case No.-219 Year-2018 Thana- BARAULI District- Gopalganj ====================================================== 1.

Deepak Kumar Singh @ Deepak Surjbanshi @ Dimpal Singh Son of Late Shankar Singh Resident of Village - Bad Barhea, P.S.- Barauli, Dist.- Gopalganj.

2.

Kundan Kumar Singh Son of Late Shivnath Singh Resident of Village - Bad Barhea, P.S.- Barauli, Dist.- Gopalganj.

3.

Biresh Das @ Birendra Das Son of Harendra Das Resident of Village - Bad Barhea, P.S.- Barauli, Dist.- Gopalganj.

4.

Santosh Chaudhary Son of Jangi Chaudhary Resident of Village - Salona, P.S.- Barauli, Dist.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Prasad Gupta For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

05-03-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Barauli P.S. Case No. 219 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code. In the F.I.R., it is alleged that due to murder of one Breez Kumar Yadav, his family members and others had blocked the NH-28 for nearly six hours and caused hurdle in traffic as well as discharge of official duties of the police personnel. It is further alleged that they were also misbehaved with passersby.

Patna High Court CR. MISC. No.13267 of 2020(2) dt.05-03-2020 2/2 It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case, because on 01-09-2018, the brother of petitioner no. 1 lodged a complaint case, vide Complaint Case No. 1982 of 2018, against the informant, who is police officer, under Sections 341, 323, 379, 504/34 of the Indian Penal Code and as such, the informant, to take revenge, has falsely implicated petitioners, whereas, the petitioners were not present at that place. Petitioners are having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Barauli P.S. Case No. 219 of 2018, subject to condition, as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T