Sarekh Singh @ Suresh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14615 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -WAJIRGANJ District- GAYA ======================================================

1. Munna Kumar, Son of Anil Singh,

2. Tuntun Kumar, Son of Anil Kumar,

3. Sonu Kumar, Son of Anil Singh,

4. Krishna Kumar, Son of Late Vijay Singh, All are Resident of VillageKarauhna, P.S.- Wazirganj, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.16157 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -WAJIRGANJ District- GAYA ======================================================

1. Sarekh Singh @ Suresh Singh S/o Late Ramdeo Singh

2. Anil Singh S/o Late Ramdeo Singh All are residents of village - Karauhna, P.S. - Wazirganj, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.14615 of 2017) For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Matloob Rab (In Cr.Misc. No.16157 of 2017) For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-07-2017 In view of order dated 14.06.2017, the application of petitioner no. 3, Sonu Kumar, has been dismissed as withdrawn. Heard learned counsel for the petitioners and learned counsel for the State.

All the above petitioners, except petitioner no. 3 Sonu Kumar, apprehend their arrest in connection with Wazirganj P.S. Case No. 28 of 2017 registered under Sections 341, 323, 325,

Patna High Court Cr.Misc. No.14615 of 2017 (5) dt.06-07-2017 2/2 307, 354, 504, 427, 379/34 of the I.P.C. pending in the Court of A.C.J.M.-I, Gaya and both the cases are being disposed of by this common order.

Submission is that there is general and omnibus allegation against the petitioners. Further submission is that the deceased sustained accidental injuries and due to dispute of partition, petitioners have been implicated in this case with ulterior motive.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioners with submission that petitioners have brutally assaulted the deceased, who was referred to P.M.C.H., Patna and during the course of treatment, he died. From the Inquest Report, it appears that the cause of death is due to head and chest injury. Hence, they do not deserve anticipatory bail.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioners for anticipatory bail. Accordingly, their prayer (Except petitioner no.3, Sonu Kumar) is rejected. (Arvind Srivastava, J) Shailendra/- U T