Pradeep Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53931 of 2015 Arising Out of PS.Case No. -104 Year- 2015 Thana -NAWINAGAR District- AURANGABAD ======================================================
1. Pradeep Singh Son of Bihari Singh
2. Raju Singh S/o Kesta Singh
3. Ajay Singh S/o Late Bali Singh
4. Kuldeep Singh S/o Kewal Singh
5. Amod Singh S/o Janeshwar Singh
6. Dabal Singh S/o Late Ramashraya Singh All resident of village - Kanker, P.S. Nabinagar, District - Aurangabad
7. Amit Kumar Singh @ Amit Singh S/o Nand Kumar Singh resident of village - Obipur, Tola Kanker, P.S. Nabinagar, District - Aurangabad
8. Jhablu Dubey @ Bablu Dubey @ Ljablu, S/o Rajendra Dubey resident of village - Harichandpur, P.S. Nabinagar, Badem, District - Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Aditya Narayan Singh-1, Advocate For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-12-2015 It is submitted by the learned counsel for the petitioners that petitioner no.8 namely Jhablu Dubey @ Bablu Dubey @ Jhablu has already been arrested and his application has become infructuous.
Heard learned counsel for the petitioner nos. 1 to 7 and the State.
The petitioner nos. 1 to 7 are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 337, 186, 120B, 504 and 506 of the Indian Penal Code.
Patna High Court Cr.Misc. No.53931 of 2015 (2) dt.01-12-2015 The prosecution case is that the informant being S.H.O. (Nabinagar), Bedem O.P. (Nabinagar) went to verify the property of Sushila Devi, who was the accused in Nabinagar (Bedem O.P.) P.S. Case No. 46 of 2015, registered under Sections 406, 409 and 420 of the Indian Penal Code. After reaching on the spot it was found that a tractor was parked in the premises of rice mill, whose engine number and chesis number were suspected to be tampered. On enquiry being made, one Suresh Singh (non-petitioner) assaulted the informant and thereafter all the accused persons blocked the road.
It is submitted by the learned counsel for the petitioner nos. 1 to 7 that co-accused Sushila Devi was granted bail in Nabinagar (Bedem O.P.) P.S. Case no. 46 of 2015, hence, S.H.O. maliciously lodged the present case and the injury report of the informant suggests only pain and swelling over the right palm. The accusation is omnibus and general. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner nos. 1 to 7 be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court Cr.Misc. No.53931 of 2015 (2) dt.01-12-2015 Magistrate, Aurangabad in connection with Nabinagar (Bedem O.P.) P.S. Case No. 104 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T