Ram Singh And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.38201 of 2014 (2) dt.01-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38201 of 2014 Arising Out of PS.Case No. -31 Year- 2014 Thana -BAJPATTI District- SITAMARHI ======================================================
1. RAM SINGH, SON OF SHOBHIT SINGH
2. RAJU SINGH, SON OF RAM SINGH
3. ARVIND KUMAR, SON OF RAM SINGH
4. RAHUL SINGH @ CHINTU, S/O LATE SHYAM PRASAD SINGH ALL ARE RESIDENT OF VILLAGE - PACHRA, P.S. - BAJPATTI, DISTRICT - SITAMARHI.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR.
.... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-04-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Bajpatti P.S. Case No. 31 of 2014 registered under Sections 147, 148, 149, 323, 324, 325, 448, 363, 365 and 307of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioners submits that informant and the petitioners are the agnates and their house situated in front of each other and due to family dispute the petitioners have falsely been implicated in this case. It is further submitted that while petitioner nos. 1 to 4 are name in the F.I.R. but no specific overt act has been attributed against petitioner nos. 1 to 3, namely, Ram Singh, Raju Singh and Arvind Kumar. As far as, petitioner no. 4,
Patna High Court Cr.Misc. No.38201 of 2014 (2) dt.01-04-2015 Rahul Singh, there is allegation against this petitioner that he along with Raushan Singh and Rohan Kumar Singh carried brother of the informant, Navin Singh, who has not been traced out. It is further submitted that Navin Singh, who appeared before the S.D.P.O. and denied about carrying him by the petitioners and others and after investigation police submitted the charge sheet finding the case true under Sections 147, 149, 448, 323, 324, 325 and 307 of the Indian Penal Code and Section 27 of the Arms Act. It is further submitted that co-accused, Sanjeev Singh, has also filed the counter case, i.e., Bajpatti P.S. Case No. 32 of 2013 on 19.02.2014 for the offence under Sections 149, 148, 323, 324, 448, 307 and 379 of the Indian Penal Code and Section 27 of the Arms Act regarding the same time occurrence.
Considering the aforesaid submissions, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Bajpatti P.S. Case No. 31 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T