Dipeshwar Singh @ Dwipeshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18063 of 2022 Arising Out of PS. Case No.-350 Year-2021 Thana- KONCH District- Gaya ====================================================== 1.
DIPESHWAR SINGH @ DWIPESHWAR SINGH S/o Late Ram Subhag Singh @ Late Ram Subhak Singh R/o village- Singhra, P.S.- Konch, District- Gaya 2.
Barjeshwar Singh @ Munni Singh S/o Late Ram Subhag Singh @ Late Ram Subhak Singh R/o village- Singhra, P.S.- Konch, District- Gaya 3.
Lav Singh @ Law Singh S/o Late Sidheshwar Singh @ Late Siddeswar Singh R/o village- Singhra, P.S.- Konch, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2022 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 341, 323, 448, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 24.10.2021 at about 3:00 am, when he was sleeping in his house, the petitioners along with other coaccused persons entered into his house variously armed and
Patna High Court CR. MISC. No.18063 of 2022(2) dt.26-09-2022 2/3 tried to disrobe her sister-in-law and snatched her gold locket and earrings and also assaulted the informant by khanti causing injury on head, it is further alleged that Munni Singh and Lav Singh came with gandasa and started assaulting the informant's cousin brother with an intention to kill who sustained injuries on head, it is further alleged that the informant suspects that the petitioners had come with an intention to commit theft. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that from side of the petitioners also Konch P.S. Case No.
351 of 2021 has been instituted against the informant and others as such the allegation in the FIR that the petitioners came with an intention to commit theft stands belied, it is also submitted that present false case has been instituted as there was a dispute relating to Panchayat election as would be evident from the counter case i.e., Annexure '2' to the anticipatory bail application, it is next submitted that the injuries suffered by the injured are simple in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.18063 of 2022(2) dt.26-09-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six 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 court below where the case is pending/successor court in connection with Konch P.S. Case No. 350 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T