Binayak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24040 of 2016 Arising Out of PS.Case No. -397 Year- 2014 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Binayak Singh S/o Baudhu Singh .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 341, 342, 323, 385, 307 and 504 of the Indian Penal Code. Prosecution case is that the accused persons including the petitioner came variously armed when co-accused Chandan Kumar Thakur abused the informant and demanded rupees one lakh as extortion. On protest being made the accused persons tried to abduct the son of the informant when the informant tried to rescue his son then accused persons assaulted the informant and his son with lathi and danda. Co-accused Gautam Jha pelted bricks on the head of the son of the informant, as a result he received fracture injury when wife and sons of the informant came to rescue then they were also assaulted.

Patna High Court Cr.Misc. No.24040 of 2016 (2) dt.30-05-2016 2/2 It is submitted by learned counsel for the petitioner that for the occurrence of 31.10.2014, the FIR was registered on 03.11.2014. The injuries of the informant and his one son have been found to be superficial, simple in nature. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. The accusation is omnibus and general. Moreover, there is no injury report of wife and other son of the informant on record.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Begusarai Mufasil (Lakho O.P.) P.S. Case No.397/2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T