Sheku Singh @ Shekhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23119 of 2020 Arising Out of PS. Case No.-109 Year-2020 Thana- KOPA District- Saran ====================================================== 1.

SHEKU SINGH @ SHEKHU SINGH S/o Bacha Singh Resident of VillageKopa Bazar, Uttar Tola, P.S.-Kopa, District-Saran at Chapra. 2.

Gajendra Singh S/o Bacha Singh Resident of Village-Kopa Bazar, Uttar Tola, P.S.-Kopa, District-Saran at Chapra.

3.

Dharmendra Singh S/o Bacha Singh Resident of Village-Kopa Bazar, Uttar Tola, P.S.-Kopa, District-Saran at Chapra.

4.

Jitendra Singh S/o Bacha Singh Resident of Village-Kopa Bazar, Uttar Tola, P.S.-Kopa, District-Saran at Chapra.

5.

Sanjit Singh S/o Bacha Singh Resident of Village-Kopa Bazar, Uttar Tola, P.S.-Kopa, District-Saran at Chapra.

6.

Sonu Singh S/o Birendra Singh @ Birendra Kumar Singh Resident of Village-Maripur, P.S.-Manjhi, District-Saran at Chapra. 7.

Raju Singh S/o Birendra Singh @ Birendra Kumar Singh Resident of Village-Maripur, P.S.-Manjhi, District-Saran at Chapra. 8.

Monu Singh @ Bhanu Singh S/o Raghuwansh Singh Resident of VillageDhelhari, P.S.-Revilganj, District-Saran at Chapra. 9.

Jitan Rai S/o Late Dhanu Rai Resident of Village-Natwar Simariya, P.S.- Revilganj, District-Saran at Chapra.

10.

Sonu Kumar Singh @ Sonu Singh S/o Raghuwansh Singh Resident of Village-Dhelhari, P.S.-Revilganj, District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Binod Singh For the State :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice.

Patna High Court CR. MISC. No.23119 of 2020(2) dt.29-09-2020 2/3 Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 188, 269, 270, 271, 147, 148, 149, 323, 324, 337, 338 and 153 of the Indian Penal Code. Prosecution case in short is that while on the tip off, the informant along with other police personnel reached at the place of occurrence, they found that the accused persons of two classes having armed with sword, iron rod, Lathi and Danda had assembled there and blocked the road by disobeying th system of social distancing during Corona Virus Pandemic. When they were prevented to do so, they started pelting stones as a result of which, the informant along with others sustained injuries. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners.

The petitioners have been falsely implicated in the present case. For the same occurrence, three cases were instituted. Brick batting is said to have taken place between the two different communities. No specific overt act is alleged against the petitioners.

Patna High Court CR. MISC. No.23119 of 2020(2) dt.29-09-2020 3/3 made against the petitioners.

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

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory 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 Additional Chief Judicial Magistrate-V, Saran at Chapra in connection with Kopa P.S. Case No. 109 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T