Satya Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16585 of 2016 Arising Out of PS.Case No. -38 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Satya Narayan Singh, S/o Late Kali Singh, resident of village- Madhopur, Police Station- Madhuban, District- East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 448, 341, 323, 307, 379, 504, 506 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that on 30.12.2014 while the informant was sleeping in his house, all the First Information Report named accused persons including the petitioner entered into his house with deadly weapon, they pulled the blanket of the informant. In the meantime coaccused Ram Pravesh Singh fired with pistol on the face of the informant causing bleeding injury. When the wife of the informant made protest then co-accused Niteshwar Singh fired, but she could not receive any injury as she
Patna High Court Cr.Misc. No.16585 of 2016 (2) dt.18-04-2016 pulled herself. On alarm accused persons flee away snatching Rs. 20,000/-.
It is submitted by the learned counsel for the petitioner that accusation of firing is against Ram Pravesh Singh and Niteshwar Singh. Accusation is omnibus and general against the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Moreover, for the occurrence of 30.12.2014 the First Information Report was registered on 21.02.2015. Considering the delayed lodging of the case, accusation being specific against co-accused Ram Pravesh Singh and Niteshwar Singh, coupled with the statement made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IVth, Motihari in connection with Madhuban P.S. Case No. 38 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K.