Nawal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18008 of 2022 Arising Out of PS. Case No.-239 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

NAWAL SINGH, aged about 51 years (Male), S/o Mahavir Singh, R/o village - Madhubani, P.S.- Sangrampur, District - East Champaran. 2.

VINAY SINGH, aged about 45 years (Male), S/o Vir Bahadur Singh, R/o village - Madhubani, P.S.- Sangrampur, District - East Champaran. 3.

ALOK KUMAR, aged about 28 years (Male), S/o Shivakant Thakur, R/o village - Madhubani, P.S.- Sangrampur, District - East Champaran. 4.

NAVNEET SINGH, aged about 21 years (Male), S/o Nawal Singh, R/o village - Madhubani, P.S.- Sangrampur, District - East Champaran. 5.

CHANDRA SHEKHAR SINGH, aged about 36 years (Male), S/o Prabhu Singh, R/o village - Madhubani, P.S.- Sangrampur, District - East Champaran.

6.

VIR BAHADUR SINGH, aged about 62 years, (Male), S/o Late Ram Belash Singh, R/o village - Madhubani, P.S.- Sangrampur, District - East Champaran.

7.

RAM PRAVESH SINGH, aged about 48 years (Male), S/o Nagina Singh, R/o village - Madhubani, P.S.- Sangrampur, District - East Champaran. 8.

ABHISHEK SINGH, aged about 19 years (Male), S/o Vinay Singh, R/o village - Madhubani, P.S.- Sangrampur, District - East Champaran. 9.

SUJEET SINGH, aged about 35 years (Male), S/o Naresh Singh, R/o village - Chintamanpur, P.S.- Sangrampur, District - East Champaran. 10.

JAYANT JHA, aged about 32 years (Male), S/o Late Hari Krishna Ojha, R/o village - Shyampur, P.S.- Sangrampur, District - East Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Shrinath Manjhi, Advocate For the Opposite Party :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the petitioners and learned counsel for the State through Virtual mode.

Learned counsel for the petitioners is directed to

Patna High Court CR. MISC. No.18008 of 2022(2) dt.06-05-2022 2/3 remove the defects, as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in connection with Sangrampur P.S. Case No. 239 of 2021 for the offence registered under Section 147, 148, 149, 341, 323, 324, 307, 504, 506 of the I.P.C. and Section 27 of the Arms Act. The prosecution story, in brief, is that the petitioners being the members of an unlawful assembly holding weapons in their hands surrounded the informant and his supporters and started abusing and when the informant raised objection, coaccused Ravi Singh opened fire from the pistol, which hit on the informant and one Gulshan Kumar.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come

Patna High Court CR. MISC. No.18008 of 2022(2) dt.06-05-2022 3/3 with the clean hands. Subsequently, a petition has been filed by the informant in the learned court below where the informant has retracted from his earlier statement made in the F.I.R. The said petition is Annexure-5 to the present application. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Motihari, East Champaran, in connection with Sangrampur P.S. Case No. 239 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T