Santosh Kumar Singh @ Santosh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8648 of 2017 Arising Out of PS.Case No. -173 Year- 2016 Thana -EKMA District- SARAN ======================================================

1. SANTOSH KUMAR SINGH @ SANTOSH SINGH Son of Ram Bahadur Singh.

2. Ajay Singh, Son of Late Hanuman Singh, Both resident of VillageHarpur, P.S.- Ekma, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Ekma P.S. Case No. 173 of 2016 for the offences punishable under sections 147, 148, 149, 323, 307, 504 and 341 of the I.P.C.

Allegedly, the petitioners and other co-accused being variously armed came at the door and started abusing the informant and his family members and on protest the petitioner Santosh Kumar Singh gave sword blow on the head of the informant but the informant to save himself got the said blow on his left hand causing injury and he fell down and when the nephew

Patna High Court Cr.Misc. No.8648 of 2017 (2) dt.09-03-2017 2/3 Manoj Kumar Singh came for rescue he was assaulted by Ajay Singh with farsa and he also received injury in his hand. Thereafter other co-accused also assaulted.

Submission is of false implication and that there is case and counter case, this case is counter blast of Ekma P.S. Case No. 172 of 2016 wherein the petitioner Santosh Kumar Singh is the informant and he had received the injury, there was free fight between the parties due to the election rivalry, the injuries received by Manoj Kumar Singh are all simple in nature, similarly the injuries caused on the person of the informant are also all simple in nature out of which injury no.3 is by sharp cut and rest are by hard blunt substance and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.

In the facts and circumstances as stated above, considering the case and counter case and further that the injuries received by the informant and Manoj Kumar Singh are simple in nature and as such the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the

Patna High Court Cr.Misc. No.8648 of 2017 (2) dt.09-03-2017 3/3 like amount each to the satisfaction of. Shri Divya Prakash, J.M. 1st Class, Chapra in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T