Amar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37762 of 2016 Arising Out of PS.Case No. -108 Year- 2016 Thana -RUPAULI District- PURNIA ======================================================

1. Amar Singh, Son of Late Abdhesh Singh

2. Vinay Singh, Son of Panchu Singh.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-11-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners along with more than 100 persons are said to have attacked the office of informant and assaulted one clerk, namely, Devkant Jha. In the meantime, police party came there but the petitioners and their supporters attacked on the police party as a result of which several police personnel sustained injury.

Patna High Court Cr.Misc. No.37762 of 2016 (3) dt.11-11-2016 2/3 From perusal of para-15 of the case diary, it would appear that investigating officer has incorporated one injury report but he failed to mention the name of injured whose injury report has been incorporated at para-15 of the case diary but it appears that aforesaid injury report relates to injured Devkant Jha. The aforesaid paragraph goes to show that concerned injured sustained six injuries and all the injuries, except one injury, were found simple in nature. So far as the injury which was not found simple in nature is concerned, it appears that said injury was caused on the hands of that injured.

Submission on behalf of the petitioners is that petitioners have been implicated in this case at the behest of their political enemies and moreover, no specific overt-act has been attributed against these petitioners. No doubt, several government officials including police officials sustained injury in the present occurrence but all the injured, except one injured, sustained simple injury and the investigation against the petitioners has already been completed.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.37762 of 2016 (3) dt.11-11-2016 3/3 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Purnea in connection with Rupauli P.S. Case No. 108 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T