Ram Chandra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17791 of 2020 Arising Out of PS. Case No.-829 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Ram Chandra Singh Son of Late Sarvan Singh Resident of Village - Dakra, P.S.- Ramgarh Chowk, District- Lakhisarai 2.
Pankaj Kumar Son of Ramchandra Singh Resident of Village - Dakra, P.S.- Ramgarh Chowk, District- Lakhisarai 3.
Manish Kumar Son of Ramchandra Singh Resident of Village - Dakra, P.S.- Ramgarh Chowk, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Adv.
For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-10-2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No.829 of 2019, registered under sections 307, 323, 324, 341, 379, 504, 147, 148 and 149 of the Indian Penal Code.
As per allegation in the F.I.R, ten named accused persons including the three petitioners herein are stated to have assaulted the informant, informant's uncle Ataljee and his cousin brother Harsh Kumar. It is stated that the petitioner no.2
Patna High Court CR. MISC. No.17791 of 2020(3) dt.13-10-2020 2/3 armed with a sword assaulted the uncle and cousin brother of the informant while all others including the petitioner nos.1 and 3 assaulted with lathi etc.
Case diary called for in the case, has been received as also the injury reports of the uncle and cousin brother of the informant.
It is submitted by learned counsel for the petitioners that the allegations as levelled in the F.I.R. are false and concocted. In fact there is a case and counter case between the parties for an occurrence said to have taken place on 15.11.2019. While the F.I.R. by the petitioner no.1 was lodged on 17.11.2019, the F.I.R. against the petitioners with incorrect allegations were lodged on 19.11.2019. It is further submitted that while the petitioner nos.1 and 3 suffered injuries and were referred to the PMCH, no injuries were sustained by the informant and others.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the injury reports of Atal Kumar and Harsh Kumar, both of whose injuries have been opined to be simple in nature together with the delay in lodging of the F.I.R.,
Patna High Court CR. MISC. No.17791 of 2020(3) dt.13-10-2020 3/3 the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No.829 of 2019, they will be enlarged on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.
(Partha Sarthy, J) Bibhash/- U T