Badri Narayan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41292 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -DHANSOI District- BUXAR ======================================================

1. Badri Narayan Singh Son of Brihaspat Singh

2. Binod Singh Son of Sita Singh

3. Manjee Singh Son of Ram Narayan Singh

4. Ram Narayan Singh Son of Brihaspat Singh

5. Sita Singh Son of Brihaspat Singh All resident of village - Jeevpur, P.S. Dhansoi, District Buxar, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2016 Learned counsel for the petitioners submits that petitioner no. 5 Sita Singh has already been arrested and therefore, his anticipatory bail petition has become infructuous. Accordingly, the anticipatory bail petition of petitioner no. 5 Sita Singh is dismissed as has become infructuous. Heard both sides.

The petitioners apprehend their arrest in Dhansoi P.S. Case No. 109 of 2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant named the petitioners and alleged that they all assaulted the informant with lathi. Petitioner no. 4 Ram Narayan Singh is alleged to have assaulted the informant with

Patna High Court Cr.Misc. No.41292 of 2016 (2) dt.06-10-2016 2/3 Baishakhi which caused fracture injury on the finger of the informant. Petitioners are co-sharers of the informant. Considering the facts aforesaid and the fact that there is omnibus and general allegation of assault against Petitioner no. 1, Badri Narayan Singh, Petitioner no. 2 Binod Singh and Petitioner no. 3 Manjee Singh and except one injury, author of which is Ram Narayan Singh, other injuries are simple in nature, petitioner nos. 1, 2 and 3 above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of 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 Chief Judicial Magistrate, Buxar in connection with Dhansoi P.S. Case No. 109/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

So far as the case of Petitioner no. 4, Ram Narayan Singh is concerned, he is said to have caused grievous injury to the informant.

Considering the facts aforesaid, I am not inclined to enlarge Petitioner no. 4, Ram Narayan Singh above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi U T

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