Gandauri Singh @ Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30867 of 2020 Arising Out of PS. Case No.-393 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.

GANDAURI SINGH @ SANTOSH SINGH Son of Pawan Dev Singh Resident of Village - Golma, P.S.- Saur Bazar, District - Saharsa 2.

Ranjan Singh @ Ranjan Kumar Singh Son of Kamaleshwari Singh Resident of Village - Golma, P.S.- Saur Bazar, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Maharaj For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-01-2021 Heard both sides.

The petitioners apprehend their arrest in Saur Bazar (Patarghat O.P.) P.S. case No. 393/2019 registered under Section 341, 323, 324, 307, 379, 504, 506/34 of the IPC. The informant, in sum and substance, alleged that while he was going to his house after closing his shop the petitioners and other surrounded him. They were armed with deadly weapons. Vipin Singh and Gandauri Singh, petitioner No.1, assaulted him with butt of pistol. Vipin Singh snatched his golden chain and Pintu Singh snatched Rs. 65,000/- from his possession. Kanchan Singh also assaulted the informant but in the meantime Hemant Kumar Sajan, nephew of the informant,

Patna High Court CR. MISC. No.30867 of 2020(3) dt.04-01-2021 2/3 came to save. Ranjan Singh, petitioner No.2, caught Hemant Kumar Sajan and Kanchan Singh is alleged to have pierced knife in the abdomen of Hemant Kumar Sajan. Petitioner No.1 is also alleged to have given knife blow in the abdomen of nephew of the informant.

The learned counsel for the petitioners submits that there is counter version being Saur Bazar (Patarghat O.P.) P.S. case No. 392/2019. On account of enmity the petitioners have been falsely implicated in the case. Kanchan Singh, who is alleged to have give knife blow in the abdomen of Hemant Kumar Sajan, has already been granted bail by a coordinate bench this court vide order passed in Cr. Misc. No. 28945/2020. It is further submitted that Hemant Kumar Sajan was a notorious criminal and he was making nuisance after taking wine near the house of the petitioners but it appears that petitioners are firstly alleged to have assaulted the informant and when his nephew, Hemant Kumar Sajan, came to save Kanchan Singh is said to have pierced knife in his abdomen. Petitioner No.1 is also alleged to have given knife blow in the abdomen of Hemant Kumar Sajan.

Taking into consideration the facts that petitioners and others are alleged to have snatched Rs. 65,000/- and golden

Patna High Court CR. MISC. No.30867 of 2020(3) dt.04-01-2021 3/3 chain from the informant after assaulting the informant, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

If the petitioners surrender in the court below the learned court below shall consider the prayer for regular bail of the petitioner on merits without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) BKS/- U T