Mritunjay Singh @ Bush @ Mritunjay Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16698 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- DEO District- Aurangabad ====================================================== 1.
MRITUNJAY SINGH @ BUSH @ MRITUNJAY KUMAR SINGH, Son of Jayram Singh, Resident of Village-Banokhar, P.S.- Madanpur, DistrictAurangabad 2.
Dhananjay Singh @ Dhananjay Kumar, Son of Jayram Singh, Resident of Village-Banokhar, P.S.- Madanpur, District-Aurangabad 3.
Mangal Yadav, Son of Dashrath Yadav, Resident of Village-Banokhar, TolaMunshi Bigha, P.S.-Madanpur, District-Aurangabad 4.
Sonu Rai, Son of Ramshray Rai, Resident of Village-Bhatkur, P.S.- Deo, District- Aurangabad 5.
Munna Ram, Son of Dharmdeo Ram, Resident of Village-Bela, P.S.- Madanpur, District - Aurangabad 6.
Guddu Yadav, Son of Mohan Yadav, Resident of Village-Badal Bigha, P.S.- Madanpur, District-Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-03-2019 Heard learned counsel for the petitioners. No one appears for the State.
Petitioners are seeking anticipatory bail in connection with Deo P.S. Case No. 118 of 2018 registered for the offences punishable under Sections 307, 379, 341, 323, 325, 147, 148 and 149 of the Indian Penal Code.
Learned counsel for the petitioners submits that as per the prosecution story two persons were passing through the
Patna High Court CR. MISC. No.16698 of 2019(2) dt.28-03-2019 2/3 village on two motorcycles carrying wine. However, they stopped near Anganwari Centre but all the persons fled away leaving behind wine and motorcycles. One Munna Ram (petitioner no.5) was identified by the informant. It is alleged that the petitioner no.1 called on the mobile phone of Hari Yadav and asked him to come at PACS Godown where 15-20 persons among whom the informant recognized persons were already there including the petitioners who have allegedly abused and assaulted the informant due to which the informant and four others got injured.
Learned counsel for the petitioners submits that there are general and omnibus allegations against the petitioners that all of them had assaulted the informant and others. It is submitted that the injury report of the informant would show that he had suffered only one lacerated wound on forehead and bruises on the right back which shows that the allegation that several persons had assaulted is not correct. On perusal of the records and after hearing learned counsel for the petitioners, this Court is of the opinion that so far as petitioner no.1 is concerned, it is alleged that he had called Hari Yadav on the mobile phone to come near PACS godown and thereafter the informant's side were assaulted,
Patna High Court CR. MISC. No.16698 of 2019(2) dt.28-03-2019 3/3 therefore, I am not inclined to grant anticiaptory bail to the petitioner no.1.
However, so far as other petitioners are concerned, there is no specific allegation against them, they are also having no criminal antecedent, therefore, in case of arrest or surrender of the petitioner nos. 2 to 6 within a period of four weeks from today, the abovenamed petitioner nos. 2 to 6 shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfication of the learned C.J.M., Aurangabad in connection with Deo P.S. Case No. 118 of 2018, subject to the condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T