Munna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31005 of 2019 Arising Out of PS. Case No.-301 Year-2018 Thana- DESARI District- Vaishali ====================================================== 1.
Munna Singh, Aged about 32 years, Male, Son of Ram Bilash Singh, Resident of Village Sultanpur, P.S. Desari, District Vaishali. 2.
Karu Singh, Aged about 31 years, Male, Son of Ram Bilash Singh, Resident of Village Sultanpur, P.S. Desari, District Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-05-2019 Learned counsel for the petitioners is permitted to make correction in paragraph 1 of the bail petition with regard to the offences allegedly committed by the petitioner during the course of the day.
Heard both sides.
Petitioners apprehend their arrest in Desari P.S. Case No.301 of 2018, registered under Sections 147, 148, 149, 447, 341, 323, 324, 325, 326, 307 and 379 of the Indian Penal Code and under Section 27 of the Arms Act.
Sunil Kumar named the petitioners and other accused persons and alleged that all the accused persons having armed with different weapons came to shop, took out Rs.25,000/- from
Patna High Court CR. MISC. No.31005 of 2019(2) dt.09-05-2019 2/3 his cash box and assaulted the informant and others. Learned counsel for the petitioners submits that the petitioners are of course named in the FIR but no specific allegation is made against the petitioners. It is submitted that the informant lodged the case making false and frivolous allegation in order to save his own skin from Desari P.S. Case No. 300 of 2018 which was lodged on the basis of fardbeyan of Akhilesh Prasad Singh, the cousin of the petitioner. It is further submitted that on the eve of immersion of goddess Durga, the informant and others had teased and stopped the ladies participating in the procession for which information was given to the police. Thereafter all the accused persons including the informant having armed with different weapons came and assaulted Akhilesh Prasad Singh and others for which Desari P.S. Case No. 300 of 2018 was registered.
Considering the facts and nature of allegations made against the petitioners and the fact that no specific allegation is made against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.31005 of 2019(2) dt.09-05-2019 3/3 satisfaction of the learned A.C.J.M.-II, Vaishali at Hajipur in connection with Desari P.S. Case No.301 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T