Rahul Kumar Singh @ Ragul Singh @ Monu @ Monu Singh @ Rahul Kumar And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28116 of 2015 Arising Out of PS.Case No. -244 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Satendra Kumar Singh @ Chote Singh Son of Sri Ram Janam Singh, resident of village- Sheikhpura, P.S.- Gaurichak, District- Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.27659 of 2015 Arising Out of PS.Case No. -244 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Ramakant Singh @ Kantu Singh Son of Late Rajendra Singh, Resident of Village - Sheikhpura, P.S. - Gaurichak, District - Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.29037 of 2015 Arising Out of PS.Case No. -244 Year- 2014 Thana -GORICHAK District- PATNA ======================================================
1. Rahul Kumar Singh @ Ragul Singh @ Monu @ Monu Singh @ Rahul Kumar S/o- Sri Kantu Singh
2. Sonu Kumar Singh @ Sonu Singh @ Laxmikant Singh S/o- Sri Kantu Singh
3. Gulshan Singh @ Gulshan, son of Sri Sudhir
4. Pawan Singh @ Pawan Kumar, son of Sri Parshuram Singh, Nephew of Ramsihasan Singh
5. Vikash Kumar Vikash Singh @ Vikash @ Manish Kumar Son of Late Janardhan Singh
6. Avinash Kumar Singh @ Vikky Son of Late Vijay Singh
7. Dharmendra Kumar Singh @ Karu Singh, Son of Sri Ram Janam Singh
8. Navin Kumar Singh @ Navin, son of Sri Ram Deep Singh
9. Raju Singh @ Raju @ Ranvijay Singh @ Ranveer Singh S/o Sri Baskrit Singh All residents of village- Sheikhpura, P.S.- Gaurichak, DistrictPatna .... .... Petitioners
Versus
The State of Bihar
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.29292 of 2015 Arising Out of PS.Case No. -244 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Ramjee Singh S/o Late Ramdeni Singh Resident of Village Sheikhpura, P.S. Gaurichak, District Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.28116 of 2015) For the Petitioner : Mr. Abhay Kumar For the Opposite Party : Mr. H.A.Khan(App) (In Cr.Misc. No.27659 of 2015) For the Petitioner : Mr. Abhay Kumar For the Opposite Party : Mr. Narsing Tanti (App) (In Cr.Misc. No.29037 of 2015) For the Petitioners : Mr. Abhay Kumar For the Opposite Party : Mr. Bharat Bhushan (App) (In Cr.Misc. No.29292 of 2015) For the Petitioner : Mr. Abhay Kumar For the Opposite Party : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2015 Heard learned counsel for the petitioners, the State and learned counsel for the Informant in all the above applications for anticipatory bail which are being disposed of by a common order. The petitioners are apprehending their arrest in a case instituted under Section 302 and other Sections of the Indian Penal Code and Sections 27, 29 and 30 of the Arms Act. It is alleged by the informant that when the informant was sitting with villagers, accused persons came and tried to take
away Rakesh Singh to a particular place which was protested, upon which, Chhote Singh opened fire. Other accused persons also opened fire resulting in injury to Tripurari Murari, Rakesh and Sanjay It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. It is a case and counter case. Petitioner, namely, Ramjee Singh (Cr.Misc.No.29292 of 2015) is not named in the FIR. His name has come in course of investigation. There is no specific injury attributed to the petitioners to be caused upon the deceased though the informant being an eye witness have not named petitioner Ramjee Singh but subsequently in course of investigation some of the witnesses have named him and alleged that he had given a lathi blow on the head of the deceased.
Some of the witnesses who have named Ramjee Singh in course of investigation, they are none but witness in the FIR itself. It is submitted that subsequently the prosecution had tried to develop the prosecution case only with an intention to falsely implicate other persons also in the present case. Other co-accused persons have already been granted anticipatory bail by this Court in Cr.Misc.No.29287 of 2015. There is a counter version also to the occurrence which is evident from the counter case vide Annexure-2 to the present application.
On behalf of the State and counsel for the informant, that except petitioner Ramjee Singh other petitioners are named in the FIR and they have actively participated in the alleged occurrence.
Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Sanjay Kumar, Judicial Magistrate, Ist Class-IV, Patna City, DistrictPatna in connection with Gaurichak P.S.Case No.244 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sudhir Singh, J) B.Kr./- U T