Patna High CourtCR. MISC./43408/2015dismissed

Mantu Singh And ORS v. The State Of Bihar

2015-10-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43408 of 2015 Arising Out of PS.Case No. -182 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Mantu Singh

2. Munna Singh

3. Subash Singh @ Subhash Singh All Sons of Ram Kumar Singh

4. Karan Singh @ Kiran Singh @ Karn Singh Son of Shivji Singh All residents of village- Vampali, P.S.- Udwant Nagar, Distt- Bhojpur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Harsh Singh, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The petitioners seek pre-arrest bail in connection with Udwant Nagar P. S. Case No. 182 of 2015 registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 448, 380, 427, 504 and 506 of the Indian Penal Code in which Section 302 of the Indian Penal Code was also subsequently added. It is contended that there is no specific allegation of overtact against the petitioners. Though in the FIR a general and omnibus allegation has been made against altogether 20 persons to

Patna High Court Cr.Misc. No.43408 of 2015 (2) dt.13-10-2015 2/2 have participated in the assault, only one injury could be caused to the deceased and two others received simple injuries. Learned counsel for the informant has vehemently opposed the application. He has contended that similarly circumstanced co-accused Sunil Singh and Sudhir Singh moved application under Section 438 Cr.P.C. before this Court vide Cr. Misc. No. 42070 of 2015, which has already been rejected by a Bench of this Court, vide order dated 12.10.2015. Be that as it may, regard being had to the serious nature of allegation, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the present application under Section 438 of the Code of Criminal Procedure is rejected. In case, the petitioners surrender and seek bail, the same shall be considered on its own merit without being prejudiced in any manner of this order.

(Ashwani Kumar Singh, J.) Kanchan/- U T