Pintu Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44952 of 2015 Arising Out of PS.Case No. -62 Year- 2015 Thana -TARAPUR District- MUNGER ======================================================

1. Pintu Singh, Son of Raj Kamal Parsun

2. Muna Singh @ Munna Singh S/o Ganga Prasad Singh

3. Sintu Singh S/o Raj Kamal Parsun All residents of Village: Bansipur, P.S.: Tarapur, District: Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 5.

22-12-2015 Heard both sides.

The petitioners apprehend their arrest in Tarapur P.S. Case No. 62/2015, registered for the offences punishable under Section 147, 148, 149, 323, 324, 379, 427 and 506 of the Indian Penal Code.

The informant Kanhaiya Kumar named Dablu Singh son of Ugra Mohan Singh. Vinay Kumar the grand son (Nati) of Ugra Mohan Singh and two other grand son of Ugra Mohan Singh and five unknown persons and alleged that they all assaulted him with different weapons and threw Conc. acid on the body of the informant causing burn injury.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.44952 of 2015 (5) dt.22-12-2015 2/3 petitioners are not named in the FIR. The uncle of the informant filed complaint case, but he did not name the petitioners. During the course of investigation, the police also reported that the petitioners are also named in the FIR.

It is submitted that the case has not been registered under Section 326A of the IPC by the police. Ugra Mohan Singh was granted anticipatory bail by the learned court below by order passed in A.B.A. No. 460/2015.

From the FIR it appears that the informant Kanhaiya Kumar disclosed the name of Dablu Singh son of Ugra Mohan Singh and Vinay Kumar is one of the grand sons and the name of two grand sons he did not know at the time of lodging FIR along with five unknown persons.

Madhusudan Singh uncle of the informant was the witness of record of fardbeyan and for the reason best known to him he filed complaint case no. 504(C)/2015. Although, neither injury was caused to Madhusudan Singh nor he was assaulted. The reason for lodging the complaint by Madhusudan Singh is beyond comprehension as for the same occurrence the victim of the occurrence has lodged the case.

It further appears that during the course of investigation the names of grand son of Ugra Mohan Singh have come as the

Patna High Court Cr.Misc. No.44952 of 2015 (5) dt.22-12-2015 3/3 petitioners. Therefore, submission of the learned counsel for the petitioners that the petitioners are not named in the FIR can not at all be accepted. There is very specific allegation that the petitioners and another threw Conc. Acid on the informant causing burn injuries on different parts of the body. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T