Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35286 of 2020 Arising Out of PS. Case No.-258 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Chhotu Singh Late Lala Singh R/o Village- Yusufpur, P.S.- Khusrupur, District- Patna.

2.

Kundan Kumar S/o Chhotu Singh R/o Village- Yusufpur, P.S.- Khusrupur, District- Patna.

3.

Amit Kumar @ Ajit Kumar S/o Bhushan Singh R/o Village- Sammatpur, P.S.- Salimpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, while the informant was serving food to the

Patna High Court CR. MISC. No.35286 of 2020(2) dt.19-03-2021 2/3 cattle, the accused persons having common intention came there and co-accused Awadhesh Singh hit Farsa on his head with intention to kill as a result of which, the informant sustained injury. The other accused persons are also said to have committed Marpit.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The main allegation of assault is alleged against co-accused Awadhesh Singh who is said to have assaulted the informant with Farsa. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.

On behalf of the State, it is submitted that the petitioner Nos. 1 & 2 are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Sushmita

Patna High Court CR. MISC. No.35286 of 2020(2) dt.19-03-2021 3/3 Kumari, learned Judicial Magistrate-Ist Class, Patna City, Patna in connection with Khusrupur P.S. Case No. 258 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T