Patna High CourtCR. MISC./57980/2015rejected

Awadhesh Singh And ORS. v. The State Of Bihar

2016-01-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57980 of 2015 Arising Out of PS.Case No. -116 Year- 2013 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Awadhesh Singh Son of Sri Bhagwan Singh

2. Chandra Shekhar Singh @ Chandu Singh Son of Sri Ram Singh

3. Ramamuni Singh Son of Late Tapeshwar Singh

4. Sonu Singh Son of Ramamuni Singh

5. Chandan Singh Son of Ramamuni Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147, 148, 149, 341, 342, 323, 324, 325, 337, 338, 436, 307, 302, 506 of the Indian Penal Code, section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and 27 of the Arms Act.

The prosecution case is that on 05.06.2013, all the accused persons including the petitioners, variously armed, came at the door of the informant, started abusing and brutally assaulted father of the informant, who subsequently succumbed

Patna High Court Cr.Misc. No.57980 of 2015 (2) dt.04-01-2016 2/2 to the injuries. On protest being made the accused persons also assaulted the family members of the informant. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. From the accusation, it appears that the accused persons have no intention to kill the father of the informant.

Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Dinara (Bhanas) P.S. Case No.116/2013, pending before the learned SDJM, Bikramganj, Rohtas.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T