Umesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66322 of 2018 Arising Out of PS. Case No.-248 Year-2018 Thana- PIRO District- Bhojpur ======================================================

1. Umesh Singh,

2. Abhimanyu Singh, Both Sons of Late Yadu Nandan Singh, Resident of Village- Piro, P.S.- Piro, District- Bhojpur. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Sangeet Deokuliar,Advocate.

For the Opposite Party :

Mr. Ajay Kumar-1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 149, 341, 323, 324, 325, 307, 379, 504 and 506 of the IPC. The prosecution story, in brief, is that on 18.07.2018 at 4.30 P.M., the informant had gone to his ancestral house at Bihiya where he found that his agnate Umesh Singh, petitioner no. 1, has got cut four trees of his share. He further stated that on his return when he asked Umesh Singh petitioner no. 1, he became enraged and abused him, in the meantime, while Abhimanyu Singh petitioner no. 2 and co-accused Pratap Singh came and abused him. On protest, they became agitated and

Patna High Court Cr.Misc. No.66322 of 2018(2) dt.17-12-2018 2/3 called other accused persons who came armed with Lathi, Iron rod and Khanti and all assaulted him. He also alleged that his son was also assaulted. He further alleged that they have broken his right hand and head, his son also received injuries on head and lips.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is case and counter case between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of 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/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M1,Bhojpur, Ara, in connection with Piro P.S. Case No. 248 of

Patna High Court Cr.Misc. No.66322 of 2018(2) dt.17-12-2018 3/3 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T