Akhilesh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15262 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

AKHILESH SINGH AND ORS Son of Late Parikha Singh Resident of Village- Bharthauli Police Station - Aurangabad (M) DistrictAurangabad (Bihar) 2.

Chandan Kumar Singh Son of Majabir Singh Resident of VillageBharthauli Police Station - Aurangabad (M) District- Aurangabad (Bihar) 3.

Uday Kumar Son of Lawkush Singh Resident of Village- Bharthauli Police Station - Aurangabad (M) District- Aurangabad (Bihar) 4.

Pappu Singh Son of Mahabir Singh Resident of Village- Bharthauli Police Station - Aurangabad (M) District- Aurangabad (Bihar) 5.

Dharmendra Singh Son of Sanjay Kumar Singh Resident of VillageBharthauli Police Station - Aurangabad (M) District- Aurangabad (Bihar) 6.

Tusi Singh Son of Sanjay Kumar Singh Resident of Village- Bharthauli Police Station - Aurangabad (M) District- Aurangabad (Bihar) 7.

Deepak Singh Son of Ghura Singh Resident of Village- Bharthauli Police Station - Aurangabad (M) District- Aurangabad (Bihar) 8.

Sushil Singh Son of Satynarayan Singh Resident of Village- Pawai, Police Station- Aurangabad (M), District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. A.K. Thakur, Adv.

:

Mr.Kamlendra Pd. Singh, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, Adv.

For the Informant :

Mr. Santosh Kr Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 195 of 2018 for the offence punishable under Sections 147, 148, 149, 323, 325,

Patna High Court CR. MISC. No.15262 of 2019(3) dt.21-05-2019 2/3 326, 307, 385, 504 and 506 of the Indian Penal Code. Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, there is general and omnibus allegation against the petitioners and no specific allegation is attributed to them. As a matter of fact, the dispute arose between the parties on account of protest of Rangadari in which the informants' side sustained simple injuries for which case and counter case has been lodged by both the parties. Hence, the petitioners may be granted the privilege of anticipatory bail.

Learned counsel appearing for the informant has vehemently opposed the prayer for bail of these petitioners and submitted that the petitioners have assaulted the informant side by deadly weapon causing several injuries to the several persons on their vital part which is evident from paragraph-32 of the case diary. Moreover, the prosecution witnesses have supported the case which is evident from paragraph 6, 7, 8, 25 and 28 of the case diary. Hence the petitioners do not deserve the privilege of anticipatory bail.

Patna High Court CR. MISC. No.15262 of 2019(3) dt.21-05-2019 3/3 anticipatory bail to these petitioner. Accordingly, the prayer for grant of anticipatory bail to these petitioners is rejected. (Arvind Srivastava, J) brajesh/- U T