Dhrup Dev Singh @ Drup Deo Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18125 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- BHORE District- Gopalganj ====================================================== 1.

Dhrup Dev Singh @ Drup Deo Singh, Son of late Ram Kishun Singh 2.

Jai Ram Singh Son of Late Ram Chandra Singh 3.

Lalan Singh @ Lallan Singh, Son of Shubh Narayan Singh 4.

Binay Singh Son of Rajdhari Singh 5.

Om Prakash Singh Son of Babu Ram Singh 6.

Babu Ram Singh Son of Late Chhapan Singh 7.

Vishal Singh Son of Raj Kishore Singh All are Resident of Village - Khadahi Purab Tola, P.S.- Bhore, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-04-2019 The petitioners apprehend their arrest in connection with Bhore P.S.Case No. 211 of 2018 registered under Sections 147, 307, 323, 324, 336, 337, 341, 380, 427, 447 and 448 of the Indian penal Code.

In view of submission of learned counsel for the petitioners that petitioner no. 6 has been arrested during the pendency of this application as such present application against petitioner no. 6 is dismissed as withdrawn.

Allegation against the petitioners and other accused

Patna High Court CR. MISC. No.18125 of 2019(2) dt.02-04-2019 2/3 persons is that they entered into the house of the informant having armed with lathi, danda and farsa and there is allegation against petitioner no. 5 that he assaulted on the head of son of the informant namely Rahul Kumar by farsa and when informant and his wife came to save him, his wife was also assaulted by petitioner no. 2 by axe. It is further alleged that petitioner no. 1 snatched Rs. 2000/- from his pocket and taken away boxes and other articles worth rs. 50,000/-. The reason behind the occurrence is that informant is a witness against the accused persons and for that they have committed this occurrence.

Submission of learned counsel for the petitioners is that earlier to that, a case has been lodged by the wife of the petitioner no. 1 and to save his skin present case has been lodged but no specific allegation has been attributed so far petitioners no. 3, 4 and 7 are concerned and there is also no allegation of assault against the petitioner no. 1. Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, so far as petitioners no. 2 and 5 are concerned, I am not inclined to grant privilege of anticipatory bail to them rather they should surrender within a

Patna High Court CR. MISC. No.18125 of 2019(2) dt.02-04-2019 3/3 period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

So far as petitioners no. 1, 3, 4 and 7 are concerned , in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of a copy of this order, they are directed tobe released on anticipatory bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-XII, Gopalganj in connection with Bhore P.S. Case No. 211 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sujit/- U T