Karu Singh @ Kayanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43574 of 2023 Arising Out of PS. Case No.-759 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== 1.

KARU SINGH @ KAYANAND SINGH SON OF KISHORI SINGH RESIDENT OF VILLAGE- KULNA, PS- AKBARPUR, DIST- NAWADA 2.

CHUTER SINGH @ CHUTER @ CHATUR SINGH SON OF KISHORI SINGH RESIDENT OF VILLAGE- KULNA, PS- AKBARPUR, DISTNAWADA 3.

PRABHAT KUMAR @ SHERU KUMAR @ SHERU SON OF MITHILESH SINGH RESIDENT OF VILLAGE- KULNA, PSAKBARPUR, DIST- NAWADA 4.

GOPAL SINGH @ GOPAL KUMAR SON OF LATE ARVIND SINGH RESIDENT OF VILLAGE- KULNA, PS- AKBARPUR, DIST- NAWADA 5.

RAHUL KUMAR @ RAHUL SINGH @ GUDDAN SON OF LATE ARVIND SINGH RESIDENT OF VILLAGE- KULNA, PS- AKBARPUR, DIST- NAWADA 6.

ARUN SINGH SON OF SHYAMLAL SINGH RESIDENT OF VILLAGEKULNA, PS- AKBARPUR, DIST- NAWADA 7.

KUNDAN KUMAR SON OF ARUN SINGH RESIDENT OF VILLAGEKULNA, PS- AKBARPUR, DIST- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rina Sinha, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 307, 354(B), 379, 504, 506/ 34 of the Indian Penal Code and 27 of Arms Act.

Patna High Court CR. MISC. No.43574 of 2023(2) dt.08-08-2023 2/3

3. It is alleged that all the F.I.R named accused persons including these petitioners have assaulted and fired upon the informant side in which they sustained various injuries and petitioner No . 3 and 4 tried to outrage the modesty of wife and bhabhi of one Pravesh and took chain of worth Rs. 12,000/-.

4. It is submitted that allegation of assault is general and omnibus. Petitioners have not committed any offence as alleged in the prosecution . There is no specific overt act alleged against petitioner Nos. 2 and 6.

5. Learned counsel for the State oppose the bail petition and submits that there is specific allegation of assault and firing is upon these petitioners and petitioner Nos. 1, 3, 4, 5 and 7 have got 3 criminal antecedent and petitioner Nos. 2 and 6 have got one criminal antecedent.

Considering the criminal antecedent of petitioner Nos. 1, 3, 4, 5 and 7 and accusation, the bail petition of these petitioners is rejected.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner Nos. 2 and 6, as named above, 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

Patna High Court CR. MISC. No.43574 of 2023(2) dt.08-08-2023 3/3 satisfaction of the C . J . M, Nawada in connection with Akbarpur P.S. Case No . 759 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T