Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24893 of 2020 Arising Out of PS. Case No.-207 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== 1.

ANIL SINGH S/o Late Ram Narayan Singh Resident of Village-Karahi Khurd, P.S.-Basantpur, District-Siwan.

2.

Brij Kishore Singh S/o Late Paras Singh Resident of Village-Karahi Khurd, P.S.-Basantpur, District-Siwan.

3.

Kishore Singh S/o Late Laxaman Singh Resident of Village-Karahi Khurd, P.S.-Basantpur, District-Siwan.

4.

Priyanshu Kumar Singh @ Priyanshu Kumar S/o Sanju Singh Resident of Village-Karahi Khurd, P.S.-Basantpur, District-Siwan. 5.

Anuj Kumar Singh @ Anuj Kr. Singh S/o Brij Kishore Singh Resident of Village-Karahi Khurd, P.S.-Basantpur, District-Siwan. 6.

Bachcha Singh S/o Late Mangal Singh Resident of Village-Karahi Khurd, P.S.-Basantpur, District-Siwan.

7.

Manjay Singh S/o Late Ramji Singh Resident of Village-Karahi Khurd, P.S.- Basantpur, District-Siwan.

8.

Ashok Singh @ Ashok Kumar Singh S/o Late Laxaman Singh Resident of Village-Karahi Khurd, P.S.-Basantpur, District-Siwan. 9.

Ranjan Kumar Singh S/o Kishore Singh Resident of Village-Karahi Khurd, P.S.-Basantpur, District-Siwan.

10.

Ayush Kumar S/o Pramod Singh Resident of Village-Karahi Khurd, P.S.- Basantpur, District-Siwan.

11.

Pramod Singh S/o Late Baidhnath Singh @ Baijnath Singh Resident of Village-Karahi Khurd, P.S.-Basantpur, District-Siwan. 12.

Umesh Singh S/o Late Baidhnath Singh @ Baijnath Singh Resident of Village-Karahi Khurd, P.S.-Basantpur, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For

Patna High Court CR. MISC. No.24893 of 2020(2) dt.14-10-2020 2/3 Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Counsel for the petitioners submits that the petitioner No.9 has been taken into judicial custody. Hence he seeks permission to withdraw the application on behalf of petitioner No.9.

Permission is accorded.

The application filed on behalf of petitioner No.9 is dismissed as withdrawn.

Heard learned counsel for the petitioners No.1 to 8 and 10 to 12 and learned APP for the State.

The petitioners No.1 to 8 and 10 to 12 are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 385, 387, 504, 506 of the I.P.C.

Allegation is that the accused persons including the petitioners armed with lathi, danda, iron rod, farsa came and assaulted the informant and his uncle and cousin, due to which they sustained injuries.

It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.24893 of 2020(2) dt.14-10-2020 3/3 that the petitioners No.3 and 10 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place due to land dispute. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners No.1 to 8 and 10 to 12 are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners No.1 to 8 and 10 to 12, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Basantpur P.S. case No.207 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T