Ajay Singh @ Ajay Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37481 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -JALALPUR District- SARAN ======================================================

1. Ajay Singh @ Ajay Kumar Singh S/o Late Kalpnath Singh

2. Dhananjay Kumar Singh S/o Late Rameshwar Singh

3. Amit Kumar Singh S/o Late Tribhunath Singh

4. Birendra Singh S/o Trigunanand Singh

5. Ganesh Singh @ Ganesh Kumar Singh S/o Kedar Singh All resident of Village- Basdila, P.S.- Jalalpur, District- Saran at Chapra.

6. Kedar Singh @ Kedar Nath Singh S/o Jagat Narain Singh resident of Paraskhan, P.S.- Jalalpur, District- Saran at Chapra. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Dewendra Narayan Singh, Advocate.

For the Opposite Party : Mr. Ahtash Ali Khan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2017 Heard both sides.

The petitioners apprehend their arrest in Jalalpur P.S. Case No. 79 of 2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that on 03.05.2016, he was sitting on the Darwaja of Tarkeshwar Bharti and taking tea. At the same time Ajay Singh, the husband of Mukhiya candidate along with others on motorcycle and Bolero jeep came at the Darwaja of Ramashankar Bharti and began to assault and abuse. The informant came out on Baramda on such Ajay Singh, Vijay Singh,

Patna High Court Cr.Misc. No.37481 of 2016 (8) dt.16-01-2017 2/3 Ashwini Singh, Lal Saheb Singh and many others came and assaulted the informant. Vinay Singh assaulted the informant with sword on his head. In the meantime, Tarkeshwar Bharti and others came to save but they were also assaulted.

Learned counsel for the petitioners submits that on the next day of the election, the informant and others kidnapped the worker of the petitioner Ajay Singh @ Ajay Kumar Singh and for that some altercation took place. The informant and his men brutally assaulted Ajay Singh and others for which Jalalpur P.S. Case No. 78 of 2016 was registered against the informant Bipin Bharti and others. It is further submitted that from the side of the petitioners many persons were injured and the injury report are annexed with the bail petition as Annexure-7 series. The vehicle of the petitioners have also been badly damaged, but it appears from perusal of the FIR and the records that both the parties entered into free fight with each other on account of some dispute of Mukhiya election in which the informant and his men were assaulted and got injuries. From the side of the petitioners also many persons were injured but it appears that the petitioners had assembled at the house of Tarkeshwar Bharti and Ramashankar Bharti and began to assault the informant and others.

Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.37481 of 2016 (8) dt.16-01-2017 3/3 enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T