Ranjan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55683 of 2018 Arising Out of PS. Case No.-445 Year-2018 Thana- MOHANIYA District- Bhabhua (Kaimur) ======================================================

1. Ranjan Singh, Son of Bhrigunath Singh.

2. Prabhanjan Singh, Son of Bhrigunath Singh.

3. Sital Singh @ Sital Prasad Singh, Son of Late Ram Kawal Singh, All resident of Village + P.O. Mujan, Police StationMohania District- Kaimur (Bhabua). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar Seth For the Opposite Party/s :

Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 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, 447, 307, 504 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that while the informant was goning to attend the call of nature, the accused persons surrounded the informant and opened fire due to which he sustained injury.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. There is a case and counter case between the

Patna High Court Cr.Misc. No.55683 of 2018(2) dt.09-10-2018 2/2 parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. 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 Magistrate, Kaimur, Bhabua in connection with Mohania P.S. Case No. 445 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T