Kesho Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49703 of 2021 Arising Out of PS. Case No.-140 Year-2021 Thana- BARUN District- Aurangabad ====================================================== 1.

KESHO SINGH Son of Boadh Singh Resident of Village- Binduliya Tole, Bel Bigha, P.S.- Baraun, District- Aurangabad. 2.

Deva Singh @ Dev Kumar Singh Son of Kesho Singh Resident of VillageBinduliya Tole, Bel Bigha, P.S.- Baraun, District- Aurangabad. 3.

Arbind Singh Son of Kesho Singh Resident of Village- Binduliya Tole, Bel Bigha, P.S.- Baraun, District- Aurangabad.

4.

Mantosh Kumar @ Mantosh Singh Son of Kesho Singh Resident of VillageBinduliya Tole, Bel Bigha, P.S.- Baraun, District- Aurangabad. 5.

Antosh Kumar Son of Kesho Singh Resident of Village- Binduliya Tole, Bel Bigha, P.S.- Baraun, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

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, 308, 506, 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons including the petitioners assaulted the informant and family

Patna High Court CR. MISC. No.49703 of 2021(2) dt.28-04-2022 2/2 members due to which they sustained injuries. 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 falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 308 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 140 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T