Bablu Singh @ Rajiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28410 of 2021 Arising Out of PS. Case No.-271 Year-2019 Thana- RAJAON District- Banka ====================================================== 1.

Bablu Singh @ Rajiv Kumar Singh S/O Late Bindeshwari Prasad Singh Resident Of Village-Lilatari, P.S. Rajoun, District-Banka 2.

Nirmal Singh @ Nirmal Kumar Singh S/O Late Rajendra Prasad Singh Resident Of Village-Jotha, Police Station-Dhoraiya, District-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2022 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Rajoun P.S. Case No. 271 of 2019 registered for the offence under Sections 341, 342, 323, 307, 427, 379, 504, 506/34 of the Indian Penal Code. Prosecution case in short is that while the informant along with his brother went for taking Vidagari of his wife to the house of petitioner No. 1, these petitioners being Sadhu and Sasur of the informant respectively, started abusing them. On protest, the informant and his brother were assaulted by Bablu Singh with lathi, danda and iron rod having intention to kill, due to which, they fell

Patna High Court CR. MISC. No.28410 of 2021(2) dt.28-02-2022 2/2 down sustaining injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is attracted in the present case.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/Successor Court, Banka, in connection with Rajoun P.S. Case No. 271 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T