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Patna High CourtCR. MISC./469/2016bail granted

Ramakant Singh And ORS v. The State Of Bihar

2016-01-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.469 of 2016 Arising Out of PS.Case No. -235 Year- 2015 Thana -KOCH District- GAYA ======================================================

1. Ramakant Singh son of Late Ram Briksh Singh

2. Krishna Kant Singh S/o Sri Awdhesh Singh

3. Vineet Singh Son of Sri Ramesh Singh

4. Uttam Singh Son of Late Bhola Singh

5. Loha Singh @ Rajesh Kumar S/o Naval Singh

6. Dablu Singh Son of Late Sanjay Singh

7. Govind Singh Son of Sri Bhola Singh

8. Gopal Jee son of Sri Kamlesh Singh, all resident of village- Konchdih, P.S.- Konch, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Sharma For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-01-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,171(C),307,341,447,448,354A and 504 of the Indian Penal Code and section 3(1)(iii)(vii))(x) and (xv) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The prosecution case is that the accused persons came to the house of the informant and abused for not casting vote in favour of Anil Singh. When the wife of the informant came to rescue then the informant and his wife both were assaulted.

Patna High Court Cr.Misc. No.469 of 2016 (2) dt.08-01-2016 2/2 It is submitted by the learned counsel for the petitioners that in the background of political rivalry the accusation has been levelled. The case lodged by the petitioners side being Koch 234 of 2015 levelling accusation under sections 147,341,323 and 307 IPC against the informant is at earlier in point of time. Both sides sustained injuries superficial in nature. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the fact that the case lodged by the petitioners side is earlier in point of time, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Gaya in connection with Konch P.S. Case No.235 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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