Shekhar Singh @ Shakar Singh And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.914 of 2015 ======================================================
1. Shekhar Singh @ Shakar Singh, son of Bindyachal Singh
2. Ramadhar Singh, Son of Late Ramdeni Singh
3. Jitan Singh, son of Krit Narayan Singh
4. Binod Singh, son of Sakat Singh
5. Bipin Chandrabansi, son of Sheonandan Ram
6. Laxman Ram @ Lachuman Ram, son of Dipchand Ram
7. Gopal Ram, son of Dipchand Ram
8. Dasrath Ram, son of Ramdeo Ram
9. Binod Ram, son of Mukhdeo Ram All are resident of Village-Sonbarsa, P.S. Nabinagar, DistrictAurangabad (Bihar). .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Rajeshwar Singh, Advocate For the Opposite Party : Mr. Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2015 Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of petitioner no.2. Prayer is allowed.
The anticipatory bail petition of petitioner no.2, Ramadhar Singh, is dismissed as withdrawn.
Heard both sides.
The petitioners, Shekhar Singh @ Shakar Singh, Jitan Singh, Binod Singh, Bipin Chandrabansi, Laxman Ram @ Lachuman Ram, Gopal Ram, Dasrath Ram and Binod Ram, apprehend their arrest in Nabinagar P.S. Case No.34 of 2014, registered under Sections 302/34 of the Indian Penal Code. Krishna Paswan, the informant, alleged that a dead
Patna High Court Cr.Misc. No.914 of 2015 (2) dt.09-01-2015 2/2 body of a thief was lying in front of the house of Sheo Kumar. It is stated that one thief had entered into the house of Sheo Kumar, but the villagers caught the thief and brutally assaulted him. Consequently, the thief died.
Learned counsel for the petitioners submits that the petitioners are not named in the first information report. The thief had entered into the house of Sheo Kumar. Many villagers rushed to the place. No specific allegation is made against any of them Considering the facts aforesaid that petitioners are not named in the first information report and there is omnibus and general allegation against all the villagers that they assaulted a thief, who died later on, the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No.34 of 2014, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Pawan/- U T