Kaushal Singh @ Kaushal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32461 of 2020 Arising Out of PS. Case No.-148 Year-2020 Thana- TARAIYA District- Saran ====================================================== 1.

Kaushal Singh @ Kaushal Kumar Singh, aged about 32 years, male, Son of Arun Singh.

2.

Kailash Singh @ Kailash Kumar, aged about 38 years, male, Son of Vishwakarma Singh.

3.

Pushpenda Kumar Singh, aged about 35 years, male, Son of Chandradeo Singh.

4.

Ranjeet Singh, aged about 38 years, male, Son of Sachita Nand Singh. 5.

Vishwakarma Singh, aged about 65 years, male, Son of Ayodhya Singh. All resident of Village- Sareya Basant, Police Station- Taraiya, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vindhyachal Singh, Adv.

For the Informant :

Mr. Surendra Kishore Thakur, Adv.

For the State :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-02-2021 A supplementary affidavit has been filed on behalf of the petitioners during the course of the day. Let it be taken on record.

2/4 Heard Mr. Vindhyachal Singh, learned counsel for the petitioners and Mr. Surendra Kishore Thakur, learned counsel for the informant. The State is represented by Mr. Abhay Kumar Roy, learned APP. The petitioners seek bail in anticipation of their arrest in connection with Taraiya P.S. Case No. 148 of 2020, dated 15.05.2020, instituted for the offences under Sections 341, 323, 324, 307, 379, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

There is no specific accusation against petitioner Nos. 2, 3, 4 and 5. So far as petitioner No. 1 is concerned, he is said to have resorted to firing, hitting one Kuber Singh but there is no gunshot injury on him. By way of supplementary affidavit, learned counsel for the petitioners has sought to amend paragraph 3 of the bail application with respect to the criminal antecedent of petitioner No. 1. Inadvertently, it was stated in paragraph 3 of the bail application that he does not have criminal antecedents. On deeper

3/4 probe, it was found that petitioner No. 1 also has a case to his credit.

Learned counsel for the petitioners has submitted that there is a counter version of the occurrence in which one person from their side has died and the perpetrators of crime have been granted anticipatory bail.

Learned counsel for the informant, however, has submitted that the statement made in paragraph 3 of the bail application with respect to petitioner No. 3 is incomplete as he is an accused in one more case than what has been declared.

Regard being had to the nature of accusation in the present case and taking into account the counter case in which one person has lost his life, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount

4/4 each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Saran at Chapra, in connection with Taraiya P.S. Case No. 148 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T