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Patna High CourtCR. MISC./16570/2020allowed

Arvind Kumar Singh @ Arvind Kumar @ Pappu Singh @ Pappu Kumar v. The State Of Bihar

2020-09-10Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16570 of 2020 Arising Out of PS. Case No.-572 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

ARVIND KUMAR SINGH @ ARVIND KUMAR @ PAPPU SINGH @ PAPPU KUMAR Son of Brahmdeo Singh Resident of Village - Rahatpur, Saidpura, P.S.- Surajgarha, Dist.- Lakhisarai. 2.

Ramvilash Sharma Son of Kishori Sharma Resident of Village - Olipur, P.S.- Peparia, Dist.- Lakhisarai.

... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-09-2020 This case has been heard through videoconferencing. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 353, 332, 333, 323, 504 & 506 of the Indian Penal Code. While the informant was going to District Magistrate, in the midway these petitioners along with 20-25 unknown miscreants escorted his vehicle and started assaulting which caused injury in his chest and throat. They also threatened him of dire consequences. The reason behind the occurrence is

Patna High Court CR. MISC. No.16570 of 2020(3) dt.10-09-2020 2/3 said to be that while the informant was on duty of vehicle checking one Pappu Singh, son of Shivnandan Singh and others persons disturbed him in vehicle checking and for that he had lodged an F.I.R. against him.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. No specific allegation of overt act has been attributed against the petitioners. It is further submitted that the place of occurrence is at a furlong distance of the police station but after alleged occurrence the informant went to hospital which itself shows false implication. It is also submitted that one co-accused Navin Kumar has been granted anticipatory bail by the learned Court below. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on 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 Chief Judicial Magistrate, Lakhisarai in connection with

Patna High Court CR. MISC. No.16570 of 2020(3) dt.10-09-2020 3/3 Lakhisarai P.S. Case No.572 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J.) Trivedi/- U T