Mukha Singh @ Devendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 28590 of 2022 Arising Out of PS. Case No.-330 Year-2021 Thana- AWTARNAGAR District- Saran ====================================================== 1.

MUKHA SINGH @ DEVENDRA KUMAR SINGH S/o Late Lalu Singh Resident of Village- Pratappur, P.S.- Awatarnagar, District- Saran At Chapra. 2.

Sumit Kumar Singh @ Monu Singh S/o Ramesh Singh Resident of VillagePratappur, P.S.- Awatarnagar, District- Saran At Chapra. 3.

Bittu Kumar Singh @ Sujit Kumar Singh S/o Ramesh Singh Resident of Village- Pratappur, P.S.- Awatarnagar, District- Saran At Chapra. 4.

Nitesh Kumar Singh @ Nitish Kumar Singh @ Abhishek Kumar Singh S/o Virendra Kumar Singh Resident of Village- Pratappur, P.S.- Awatarnagar, District- Saran At Chapra.

5.

Dinesh Kumar Singh S/o Visheshwar Prasad Singh Resident of VillagePratappur, P.S.- Awatarnagar, District- Saran At Chapra. 6.

Ajit Kumar Singh @ Golu Kumar Singh S/o Upendra Singh Resident of Village- Pratappur, P.S.- Awatarnagar, District- Saran At Chapra. 7.

Amit Tiwary @ Kunal Tiwary S/oi Jitendra Tiwary Resident of VillagePratappur, P.S.- Awatarnagar, District- Saran At Chapra. 8.

Himanshu Tiwary @ Rinku Tiwary S/o Late Vijay Tiwary Resident of Village- Pratappur, P.S.- Awatarnagar, District- Saran At Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioner at the outset seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 2.

Permission is accorded.

Patna High Court CR. MISC. No. 28590 of 2022(2) dt.15-11-2022 2/3 The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 504, 506 and 427 of the Indian Penal Code. The informant alleges that on account of dispute relating to election on order of Mukha Singh, accused Sumit assaulted by knife causing injury on his head, Dinesh and Mukha further assaulted by rod, thereafter again Sumit assaulted Kameshwar by knife causing injury on his left hand and thereafter, Nitesh and Mukha outraged the modesty of Tara Devi and Dinesh snatched her golden chain while Bittu fired and accused persons also assaulted Vimlesh Ojha who was the passers by.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that from bare perusal of the allegations as alleged in the FIR it would manifest that on account of dispute relating to election the occurrence is alleged to have taken place, it is next submitted that the allegations are general and omnibus in the nature of assault, it is also submitted that the injury suffered by the injured are simple in nature and as far as the allegation of firing is alleged is the same is ornamental as no one got injured

Patna High Court CR. MISC. No. 28590 of 2022(2) dt.15-11-2022 3/3 in the firing.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners nos. 1 and 3 to 8, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Awatar Nagar P.S. Case No. 330 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T