Harihar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29922 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- KURSAKANTA District- Araria ====================================================== 1.

HARIHAR PRASAD SINGH, aged about 552 years, Male, S/o Late Hit Lal Singh 2.

Sharwan Kumar Singh, aged about 25 years, Male, S/o Harihar Prasad Singh 3.

Shivanand Singh, aged about 60 years, Male, S/o Late Hit Lal Singh 4.

Ranjeet Singh @ Ranjeet Kumar Singh, aged about 25 years, Male, S/o Shivanand Singh 5.

Jay Prakash Singh, aged about 45 years, Male, S/o Late Hit Lal Singh, All Resident of Village- Purana Siktia, Ward No. 01, P.S.- Kursakanta (Sonamani), District- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-05-2019 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Kursakanta P.S. Case No. 83 of 2018 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case due to enmity and family dispute. Nothing specific is alleged against petitioner nos. 2, 3 and 5. It is further

Patna High Court CR. MISC. No.29922 of 2019(2) dt.14-05-2019 2/3 submitted that although there are allegations of assault against petitioner no. 1 with farsa and petitioner no. 4 with brick, but the injury report does not supports the same as the injuries sustained have been found to be simple in nature. Petitioners are men of clean antecedent. Learned Adddl. P.P. appearing for the State opposes the prayer for bail made on behalf of petitioner nos. 1 and 4 and submits that there is specific allegation of assault against them by means of farsa and brick respectively.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner nos. 2, 3 and 5, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Araria in connection with Kursakanta P.S. Case No. 83 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.

As regards petitioner nos. 1 and 4, considering the nature of allegations levelled against them, this Court is not

Patna High Court CR. MISC. No.29922 of 2019(2) dt.14-05-2019 3/3 inclined to grant them the privilege of anticipatory bail. Their prayer for bail is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T