Subodh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24476 of 2020 Arising Out of PS. Case No.-82 Year-2020 Thana- AWTARNAGAR District- Saran ====================================================== 1.

SUBODH SINGH Son of Balinder Singh Resident of Village- Maujampur, P.S.- Awatar Nagar, District- Saran at Chapra (Bihar) 2.

Binod Singh Son of Balinder Singh Resident of Village- Maujampur, P.S.- Awatar Nagar, District- Saran at Chapra (Bihar) 3.

Suraj Singh @ Suraj Kumar Singh Son of Late Siddheshwar Singh Resident of Village- Maujampur, P.S.- Awatar Nagar, District- Saran at Chapra (Bihar) 4.

Balinder Singh Son of Late Sakal Singh Resident of Village- Maujampur, P.S.- Awatar Nagar, District- Saran at Chapra (Bihar) 5.

Raju Singh @ Raju Kumar Singh Son of Subodh Singh Resident of VillageMaujampur, P.S.- Awatar Nagar, District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

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

The petitioners apprehend their arrest in Awtar Nagar P.S. Case No. 82 of 2020, registered for the offences punishable under Sections 341, 323, 379, 307 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.24476 of 2020(3) dt.25-11-2020 2/3 Prosecution case in brief is that on 12.04.2020 at about 8.00 pm, after taking meal when the informant came out of his house, the accused persons including these petitioners came there and assaulted him by means of iron rod and Farsa on his head causing head injury. When other family members came there to save him, the accused persons also assaulted them, as a result of which they became injured. Other co-accused snatched Rs. 5,000/- from the pocket of informant. The present occurrence took place because earlier there was hot exchange of words between the informant's son and the accused persons. It is submitted that petitioners have been falsely implicated in this case. There is case and counter case. Counter version of this case is Awtar Nagar P.S. Case NO.

83 of 2020 which was filed by Subodh Singh (petitioner no. 1) against the informant and others which is at Annexure -2. There is general and omnibus allegation. Both sides sustained injury. Injuries sustained by the informant side are simple in nature except one injury sustained by the informant Arun Singh. Petitioners have got clean antecedent as stated in para 3 of the bail petition.

Patna High Court CR. MISC. No.24476 of 2020(3) dt.25-11-2020 3/3 receipt/production of a copy of this order, are directed to be enlarged 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 the learned Additional Chief Judicial Magistrate XI, Saran at Chapra in connection with Awtar Nagar P.S. Case No. 82 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T