Nagendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51854 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -NAVINAGAR District- AURANGABAD ======================================================

1. Nagendra Singh, S/o Ghura Singh, R/o Vill.- Bagha Dabur, P.S.- Nabinagar, District- Aurangabad.

2. Harihar Singh @ Harihar Prasad Singh S/o Late Krit Singh,

3. Satyendra Singh @ Satyenra Singh S/o Late Bhikhari Singh,

4. Surajdeo Singh S/o Late Jagdeo Singh, null

5. Suresh Pal S/o Baiju Pal,

6. Manjhala Kanu @ Ravi Kant Kumar @ Ravikant Sao S/o Rama Kant Sao, All R/o Vill.- Damri Bigha, P.S.- Nabinagar, District- Aurangabad (Bihar).

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 435, 353, 332, 333, 379, 427, 504, 120B of the Indian Penal Code.

The prosecution case, in brief, is that due to a road mishap, when the police reached at the place of occurrence to remove the road jam, the emotionally people named in the FIR protested the same. It is further alleged that the accused persons bitterly

Patna High Court Cr.Misc. No.51854 of 2018 (2) dt.05-10-2018 pounced upon the people personnel and assaulted with whatever they had held.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. General and omnibus allegation of protesting the police party has been made against the petitioners and other accused persons. Neither any specific injury has been attributed to the petitioners nor any specific overt act has been attributed to them. The other similarly situated co-accused namely, Sanjay Singh, Anil Singh @ Anil Kumar Singh and Kesho Singh have been granted anticipatory bail by coordinate benches of this court vide orders dated 13-08-2018, 05-09-2018 and 23-07-2018 passed in Cr. Misc. Nos. 45509 of 2018, 53511 of 2018 and 42008 of 2018 respectively. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court Cr.Misc. No.51854 of 2018 (2) dt.05-10-2018 Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 47 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T