Jitendra Singh @ Jitendra Kumar Singh @ Umesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28722 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== 1.

JITENDRA SINGH @ JITENDRA KUMAR SINGH @ UMESH SINGH Son of Harinarayan Singh Resident of Village - Tira, P.S.- Charo O.P. Distt - Nalanda.

2.

Jay Prakash Singh Son of Harinarayan Singh Resident of Village - Tira, P.S.- Charo O.P. Distt - Nalanda.

3.

Omprakash Singh Son of Harinarayan Singh Resident of Village - Tira, P.S.- Charo O.P. Distt - Nalanda.

4.

Chandan Kumar Son of Om Prakash Singh Resident of Village - Tira, P.S.- Charo O.P. Distt - Nalanda.

5.

Vikash Kumar @ Vikash Singh Son of Jai Prakash Singh Resident of Village - Tira, P.S.- Charo O.P. Distt - Nalanda.

6.

Bipin Singh @ Bipin Kumar Singh Son of Late Awadesh Singh Resident of Village - Tira, P.S.- Charo O.P. Distt - Nalanda. 7.

Jitendra Singh @ Jitendra Kumar Son of Late Awadesh Singh Resident of Village - Tira, P.S.- Charo O.P. Distt - Nalanda. 8.

Ram Subodh Singh Son of Late Slok Singh Resident of Village - Tira, P.S.- Charo O.P. Distt - Nalanda.

9.

Uday Pratap Singh Son of Late Devendra Singh Resident of Village - Tira, P.S.- Charo O.P. Distt - Nalanda.

10.

Basant Kumar @ Pinku Kumar @ Sasant Kumar Son of Umesh Singh Resident of Village - Tira, P.S.- Charo O.P. Distt - Nalanda. 11.

Ajit Kumar @ Ajit Singh Son of Late Surendra Singh Resident of Village - Tira, P.S.- Charo O.P. Distt - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagar Nath Singh Mr.Anurag Saurav For the State :

Mr.Ram Priya Sharan Singh For the Informant Mr. Kamlesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of

Patna High Court CR. MISC. No.28722 of 2019(2) dt.01-05-2019 2/3 Harnaut (Chero) P.S. Case No. 91 of 2019, disclosing offences under Sections 147, 148, 149, 341, 323, 504, 506, 307, 427 and 436 of the Indian Penal Code, including Sections 25(1-B) a, 26 and 35 of the Arms Act.

There are altogether 12 persons named in the FIR, who are said to have assaulted the informant and other persons as they had not voted for their candidate in Panchayat Samiti election. There is allegation against co-accused Prem Prakash Singh of having hit the informant with his pistol, causing injuries in the head of the informant. There is, however, no allegation of fire-arm injury.

Considering the genesis of the occurrence and the nature of allegation against these petitioners, in my view, however, a case for grant of anticipatory bail is made out. This application is accordingly allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned CJM, Nalanda at Biharsharif, in connection with Harnaut (Chero) P.S. Case No. 91 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of

Patna High Court CR. MISC. No.28722 of 2019(2) dt.01-05-2019 3/3 Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T