Madhu Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.38247 of 2017 (3) dt.08-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38247 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================

1. Madhu Singh, Son of Mohan Singh,

2. Bacha Singh @ Bachcha Singh Son of Parasuram Singh,

3. Muni Kumar @ Munni Singh Son of Ram Tawakya Singh,

4. Tuntun Singh Son of Satendra Singh,

5. Sahendra Singh Son of Ram Awadh Singh,

6. Karu Kumar @ Karu Singh Son of Vimal Singh, All R/o Village- Duyari P.S.- Karakat, District- Rohtas, Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brajesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-09-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Karakat Police Station Case No. 109 of 2017, disclosing offences under Sections 147, 148, 149, 341, 342, 323, 504, 506, 326, 307 and 452/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioners and no specific overt act is attributed to them. In fact, the main allegation of firing is against Santosh Kumar Singh, Munmun Singh and Abhay Singh due to which Amir Raza, Gulam Sarvar,

Patna High Court Cr.Misc. No.38247 of 2017 (3) dt.08-09-2017 Naeem Miyan and Sohrab Ansari sustained firearm injury. The petitioners only said to be members of unlawful assembly and no specific case is made out against the petitioners. Moreover, coaccused, Pawan Kumar Singh and Golu Kumar @ Golu Lal have already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 36947 of 2017. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohatas in connection with Police Station Case No. 109 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T