Bhopal Singh @ Bhupal Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50076 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Bhopal Singh @ Bhupal Singh, Son of Surju Singh

2. Chandan Kumar, S/o Bhopal Singh Both are Resident of Village- Diaura, P.S. Pakribarawan, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302/34 of the Indian Penal Code. Allegation is that the petitioners caught hold of the informant's son, namely, Rahul Kumar and co-accused Gopal Singh and Madhav Kumar assaulted him with bhala, due to which he sustained grievous injuries and instantly died. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been made accused in the present case. As per the F.I.R., they had caught hold of the

Patna High Court Cr.Misc. No.50076 of 2016 (2) dt.23-11-2016 deceased at the time of occurrence. The main allegation is against the co-accused Gopal Singh and Madhav Kumar. After investigation the police had submitted final form against the petitioners. The court below differed with the said police report and had taken cognizance.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Niraj Kishore Singh, J.M., 1st class, Nawadah in connection with Pakribarawan P.S. case No.49 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T