Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33679 of 2021 Arising Out of PS. Case No.-480 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== 1.

RAJU SINGH S/O Laxman Singh Resident of Village Pande, P.S. - Paroo, Distt. Muzaffarpur.

2.

MANOHAR SINGH Son of Heeralal Singh Resident of Village Pande, P.S. - Paroo, Distt. Muzaffarpur.

3.

Raghuvir Singh @ Raghuvir Kumar Singh Son of Heeralal Singh Resident of Village Pande, P.S. - Paroo, Distt. Muzaffarpur. 4.

Raushan Singh Son of Heeralal Singh Resident of Village Pande, P.S. - Paroo, Distt. Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

The present matter is being taken up out of turn on the mentioning slip filed on behalf of the petitioners stating therein that the wife of petitioner No.1 is pregnant. Let the mentioning slip filed on behalf of the petitioners be kept on record. Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in

Patna High Court CR. MISC. No.33679 of 2021(2) dt.21-09-2021 2/3 connection with Paroo P.S. case No.480 of 2019 registered under Sections 341, 323, 324, 325, 307, 427, 379 and 34 of the Indian Penal Code.

Allegation is that while the informant along with his cousin was going to his sister's home, the accused persons including the petitioners surrounded them. Co-accused Heeralal Singh inflicted farsa blow over the head of the cousin of the informant, due to which he sustained injuries on his head. On hulla, when the father and uncle of the informant came to save, co-accused Laxman Singh inflicted farsa blow on the head of uncle of the informant, as a result of which his uncle sustained head 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 falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. Specific allegation of assault is against the co-accused, namely, Heeralal Singh and Laxman Singh.

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

Patna High Court CR. MISC. No.33679 of 2021(2) dt.21-09-2021 3/3 Considering the 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 their personal bond to the satisfaction of learned A.C.J.M.-cum-Sub Judge III, Muzaffarpur in connection with Paroo P.S. case No.480 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T