Niraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24883 of 2020 Arising Out of PS. Case No.-214 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

NIRAJ SINGH S/o Sudhishta Singh Resident of Village-Semra Nizamat, P.S.-Sahebganj, District-Muzaffarpur.

2.

Deepak Singh S/o Sudhishta Singh Resident of Village-Semra Nizamat, P.S.- Sahebganj, District-Muzaffarpur.

3.

Ranjan Singh S/o Birendra Singh Resident of Village-Semra Nizamat, P.S.- Sahebganj, District-Muzaffarpur.

4.

Sanjay Singh S/o Suresh Singh Resident of Village-Semra Nizamat, P.S.- Sahebganj, District-Muzaffarpur.

5.

Bittu Kumar @ Abhishek Kumar S/o Sanjay Singh Resident of VillageSemra Nizamat, P.S.-Sahebganj, District-Muzaffarpur. 6.

Suresh Singh S/o Baldeo Singh Resident of Village-Semra Nizamat, P.S.- Sahebganj, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2020 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioners apprehend their arrest in connection with Sahebganj Police Station Case No. 214 of 2020, registered for the offences punishable under Sections 147/148/149/341/ 342/323/447/307/354/379/188/295-A of the Indian Penal Code. The allegation against the petitioners is that the

Patna High Court CR. MISC. No.24883 of 2020(2) dt.08-10-2020 2/3 petitioners along with other co-accused persons, armed with lathi, danda, rod, etc. entered into the house of the informant and co-accused Manoj Singh assaulted by means of bhala to the family member of the informant.

Learned Counsel for the petitioners submits that the present occurrence has taken place on a trivial issue of the rate of meat, which was enquired by co-accused Manoj Singh from the informant, who runs a meat shop in the market. He further submits that there is case and counter case between the parties inasmuch as Sahebganj Police Station Case No. 213 of 2020 has been lodged by co-accused Manoj Singh against the informant and others for the offence punishable under Sections 147/148/149/341/342/447/323/307/295-A/188/504 of the Indian Penal Code. He further submits that the allegation of assault is only against co-accused Manoj Singh and there is no allegation of assault against these petitioners, who are family members of co-accused Manoj Singh.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that there is case and counter case between the parties and there is no specific allegation of assault against these petitioners, I am inclined to grant the petitioners privilege of anticipatory bail.

Patna High Court CR. MISC. No.24883 of 2020(2) dt.08-10-2020 3/3 This application is allowed.

Accordingly, let the petitioners, above named, be released on bail, in the event of their arrest or surrender before the Court below within a period of six weeks from today, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I (West), Muzaffarpur, in connection with Sahebganj Police Station Case No. 214 of 2020.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √