Surendra Singh @ Surendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41815 of 2022 Arising Out of PS. Case No.-64 Year-2021 Thana- SALAIYA District- Aurangabad ====================================================== 1.

Surendra Singh @ Surendra Prasad Singh Son of Late Naurangi Singh Resident of Village - Salaiya, P.S.- Salaiya, District - Aurangabad. 2.

Gaurav Yadav @ Gourav Kumar Son of Vinod Yadav Resident of Village - Salaiya, P.S.- Salaiya, District - Aurangabad. 3.

Goutam Yadav Son of Vinod Yadav Resident of Village - Salaiya, P.S.- Salaiya, District - Aurangabad.

4.

Vinay Yadav @ Vinay Kumar Son of Kundal Yadav @ Kul Yadav Resident of Village - Salaiya, P.S.- Salaiya, District - Aurangabad. 5.

Shailesh Yadav @ Shailesh Kumar Son of Kundal Yadav @ Kul Yadav Resident of Village - Salaiya, P.S.- Salaiya, District - Aurangabad. 6.

Mahesh Yadav @ Maheshi Yadav Son of Late Sdafar Yadav Resident of Village - Salaiya, P.S.- Salaiya, District - Aurangabad. 7.

Sandeep Kumar Son of Dukhan Yadav @ Pramod Yadav Resident of Village - Salaiya, P.S.- Salaiya, District - Aurangabad. 8.

Narendra Yadav Son of Late Chandradev Yadav Resident of Village - Salaiya, P.S.- Salaiya, District - Aurangabad. 9.

Mahadev Yadav Son of Varan Yadav Resident of Village - Salaiya, P.S.- Salaiya, District - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 147, 323, 307 and other allied sections of Indian Penal Code and Section 27 of Arms Act.

Patna High Court CR. MISC. No.41815 of 2022(2) dt.29-11-2022 2/3 As per prosecution case, while the informant was going to the police station to see the injured Gaurav Kumar, it is alleged that co-accused Bhola Singh opened fire and also instructed his associate to open fire. Further, it is alleged that coaccused Virendra Yadav and petitioner No. 8 also opened fire. Other accused persons and 20 unknown assailants were also carrying arms with them.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Specific allegation against petitioner No. 8 is of opening fire but no one sustained any fire arms injury due to the alleged firing. There is no allegation of overt act against petitioner Nos. 1, 2, 3, 4, 5, 6, 7 and 9. There is case and counter case. Furthermore, it is submitted that both the parties have entered into compromise. Present occurrence is outcome of dispute over petty matter between the parties. Considering the aforesaid facts and circumstances, let the above named petitioners in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.41815 of 2022(2) dt.29-11-2022 3/3 Additional Chief Judicial Magistrate-V, Aurangabad in Salaiya P. S. Case No. 64 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) navya/- U T