Chandeshwar Singh @ Chandrakeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36458 of 2020 Arising Out of PS. Case No.-154 Year-2020 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

Chandeshwar Singh @ Chandrakeshwar Singh Son Of Suresh Singh Resident Of Village - Tula Chhapar Natwa, P.S. - Gopalpur, DistrictGopalganj. 2.

Byash Singh Son Of Bhagrasan Singh Resident Of Village - Tula Chhapar Natwa, P.S. - Gopalpur, District- Gopalganj.

3.

Akhilesh Singh Son Of Ishwar Singh Alias Eshvr Singh Resident Of Village - Tula Chhapar Natwa, P.S. - Gopalpur, District- Gopalganj. 4.

Pushpa Devi W/O Of Suresh Singh Resident Of Village - Tula Chhapar Natwa, P.S. - Gopalpur, District- Gopalganj.

5.

Asha Devi W/O Ishwar Singh Alias Eshvr Singh Resident Of Village - Tula Chhapar Natwa, P.S. - Gopalpur, District- Gopalganj. 6.

Rinku Devi W/O Arjun Singh Resident Of Village - Tula Chhapar Natwa, P.S. - Gopalpur, District- Gopalganj.

7.

Sunita Devi W/O Byash Singh Resident Of Village - Tula Chhapar Natwa, P.S. - Gopalpur, District- Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-03-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

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

Counsel for the petitioners seeks permission to withdraw the present application filed on behalf of petitioner

Patna High Court CR. MISC. No.36458 of 2020(2) dt.26-03-2021 2/3 No.2, as the petitioner No.2 has been taken into judicial custody. Permission is accorded.

The application filed on behalf of petitioner No.2 is dismissed as withdrawn.

The petitioners No.1 and 3 to 7 are apprehending their arrest in a case registered under Sections 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners No.1 and 3 to 7 assaulted the informant and his family members by means of garasi, lathi, spade, due to which they sustained injuries.

It has been submitted on behalf of the petitioners No.1 and 3 to 7 that the petitioners No.1 and 3 to 7 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners No.1 and 3 to 7. The petitioners No.1 and 3 to 7 have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. The present case has been instituted after four days of the alleged occurrence.

Patna High Court CR. MISC. No.36458 of 2020(2) dt.26-03-2021 3/3 On behalf of the State, it is submitted that the petitioners No.1 and 3 to 7 are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners No.1 and 3 to 7, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Miss Shiv Shrutika, J.M. 1st class, Gopalganj in connection with Gopalpur P.S. case No.154 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T