Barun Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1497 of 2016 Arising Out of PS.Case No. -18 Year- 2011 Thana -BARGANIA District- SITAMARHI ======================================================

1. Barun Kumar, son of Shiv Chandra Singh

2. Jitendra Kumar, son of Nagina Singh

3. Kishan Kumar, son of Nagina Singh,

4. Bitu Kumar, son of Shivji Singh

5. Sanjay Singh, son of Late Sukhdeo Singh

6. Tuntun Singh @ Tuntun Kumar son of Dinesh Singh All resident of Village- Sekhauna, P.S. Bairgania, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,148,149,323,324,341,302,307 and 353 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

It is alleged that 17 FIR named accused persons including the petitioners were fighting during emersion procession of goddess Saraswati when the father of the informant came to pacify, the petitioners assaulted him. It is further alleged that co

Patna High Court Cr.Misc. No.1497 of 2016 (2) dt.12-01-2016 2/2 accused Dilip Singh and Arjun Singh assaulted the father of the informant with dagger. Subsequently, father of the informant succumbed to the injuries.

It is submitted by the learned counsel for the petitioners that the specific accusation is against co accused Dilip and Arjun and the accusation against the petitioners is omnibus and general. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Bairgania P.S. Case No. 18 of 2011 pending in the court of learned CJM, Sitamarhi. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T