Vivek Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25449 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- JADOPUR District- Gopalganj ====================================================== 1.
VIVEK SINGH Son of Amjesh Singh 2.
Santosh Singh @ Santosh Ray Son of Ashok Singh 3.
Ram Ayodhya Singh Son of Devdhari Singh 4.
Prince Singh Son of Gandhi Singh 5.
Adarsh Kumar Singh @ Adrash Singh Son of Amjesh Singh 6.
Abhimanu Singh @ Abhimanyu Singh Son of Naresh Singh 7.
Jaynath Singh Son of Late Sarwan Singh 8.
Gree Singh @ Green Kumar Singh @ Green Singh, Son of Kawaldeo Singh 9.
Chintu Singh Son of Kawaldeo Singh All are Resident of Village - Khawajepur, P.S.- Jadopur, Distt.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.
Patna High Court CR. MISC. No.25449 of 2022(2) dt.14-11-2022 2/3 The informant alleges that on 07.05.2021 a Barat of Achheylal Mahato's daughter came in his village when there was a hot talk between Mithun Chauhan and Vivek Singh for sitting on a chair for which on 09.05.2021 at about 02:00 p.m. Puna Singh along with 29 named and 50 unknown accused came at the informant's door variously armed and started abusing and assaulting the informant and his villagers with lathi, stick and sword. Further, co-accused Bipin Singh assaulted by farsa causing injury on the head of the father of the informant and when his father became unconscious all the accused persons fled away.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that even the allegation of assault is general and omnibus in nature. It is next submitted that specific allegation is against Bipin Singh and as per postmortem report cause of death is vascular shock due to head injury. It is also submitted that similarly situated co-accused Puna Singh has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 25.02.2022 passed in Cr. Misc. No. 50489 of 2021.
Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.25449 of 2022(2) dt.14-11-2022 3/3 anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jadopur P.S. Case No. 65 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T