Rakesh Singh @ Ratan Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30488 of 2015 Arising Out of PS.Case No. -91 Year- 2015 Thana -AMARPUR District- BANKA ======================================================

1. Rakesh Singh @ Ratan Singh, Son of Sachchidanand Singh,

2. Pramod Singh, Son of Arjun Singh,

3. Akhilesh Kumar, Son of Paramanand Singh,

4. Kunal Kumar, Son of Ajay Singh,

5. Hemant Singh @ Hemant Kumar Singh, Son of Ramchandra Singh,

6. Ajay Singh @ Ajay Kumar Singh, Son of Ram Chandra Singh, All resident of Village Uttari Tola Bhikhanpur, P.S. Amarpur, District - Banka.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Nilesh Kumar, Advocate.

For the Opposite Party : Mr. Satyendra Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2015 Heard both sides.

The petitioners apprehend their arrest in registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.

On the order of Kaushalendra Kumar, Ranjan Kumar inflicted injury with sickle to Chandan Choudhary as a result of which he fell down. Co-accused Suraj Kumar inflicted injury with sickle on the neck of the informant.

It is submitted that on perusal of the FIR it appears that only two persons are assailants and out of which Ranjan Kumar is assailant of the deceased and Suraj Kumar is the assailant of the informant. From the perusal of the injury report as well as the post-mortem report, it

Patna High Court Cr.Misc. No.30488 of 2015 (2) dt.29-07-2015 2/2 appears that except the cut injury no injury was found on the persons of either the informant or the deceased. Kaushalendra Kumar @ Kaushalendra Kumar Singh one of the co-accused who is an order giver has already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 20982 of 2015. The case of the petitioners stands on better footing as no overt act is alleged against all the six accused persons. However, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submitted that the petitioners were members of the mob.

Considering the facts aforesaid, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in Amarpur P.S. Case No. 91 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T