Basawan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18883 of 2017 Arising Out of PS.Case No. -384 Year- 2013 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Basawan Singh, Son of Late Jai Mangal Singh.

2. Bansilal Singh, Son of Basawan Singh,

3. Ram Narayan Thakur, Son of Late Nandu Thakur, All resident of Village Kuiya, P.S. Saraiya, District- Muzaffarpur.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Nachiketa Jha, Advocate.

For the Opposite Party : Ms. Pushpa Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2017 Heard both sides.

The petitioners apprehend their arrest in Saraiya (Jaitpur O.P.) P.S. Case No. 384 of 2013 registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

After some argument, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail of petitioner no. 1 Basawan Singh against whom there is allegation that he assaulted the informant with iron rod on his head. Prayer is allowed.

The anticipatory bail petition of petitioner no. 1 Basawan Singh is dismissed as withdrawn.

Patna High Court Cr.Misc. No.18883 of 2017 (2) dt.18-05-2017 2/2 Learned counsel for the petitioners submits that there is omnibus and general allegation against Bansilal Singh and Ram Narayan Thakur. There is case and counter case. On the side of the petitioners Saraiya (Jaitpur O.P.) P.S. Case No. 349 of 2013 was registered. Similarly situated co-accused persons were granted anticipatory bail vide order passed in Cr. Misc. No. 42161 of 2014. There is no specific allegation against the petitioners and now the case is compromised.

Considering the facts aforesaid, the petitioners Bansilal Singh and Ram Narayan Thakur petitioner no. 2 and 3, 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 Sub-Divisional Judicial Magistrate (West), Muzaffarpur in Saraiya (Jaitpur O.P.) P.S. Case No. 384 of 2013, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J.) KKSINHA/- U T