Ajay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1261 of 2021 Arising Out of PS. Case No.-157 Year-2020 Thana- NARHATT District- Nawada ====================================================== 1.
AJAY SINGH, Son of Shivnandan Singh Resident of Village - Ganga Rampur, P.S.- Narhat, District - Nawada.
2.
Rajesh Kumar @ Rajesh Singh Son of Balak Singh @ Ram Balak Singh Resident of Village - Ganga Rampur, P.S.- Narhat, District - Nawada. 3.
Sumit Kumar Son of Ramanugrah Singh Resident of Village - Ganga Rampur, P.S.- Narhat, District - Nawada.
4.
Chhotu Kumar Son of Niranjan Singh Resident of Village - Ganga Rampur, P.S.- Narhat, District - Nawada.
5.
Tun Tun Singh Son of Shivnandan Singh Resident of Village - Ganga Rampur, P.S.- Narhat, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2021 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Narhat P. S. Case No. 157 of 2020, dated 27.06.2020, instituted for the offences under Sections 341, 323, 325, 307, 385, 379, 504 and 506 of the Indian Penal Code.
It has been alleged in the F.I.R. that
2/4 Ramanugrah Singh, a co-accused, assaulted one Deepak, who has received simple injury. Co-accused Niranjan Singh is stated to have assaulted one Amresh who received three injuries out of which two were found to be simple and one was found to be grievous but that was on non-vital portion of the body.
The learned counsel for the petitioners has submitted that so far as they are concerned, though they are also said to be assaulted but there is no corresponding injury on any one of the victims which could definitely be attributed to them.
The learned counsel for the petitioners has also submitted that there is a counter version of the occurrence in which five persons have been injured. Regard being had to the fact that there was no mention of injuries on the side of the accused persons in the subject F.I.R., the aforesaid two accused persons namely, Ramanugrah Singh and Niranjan Singh, who are said to have specifically assaulted two of the victims,
3/4 have been granted anticipatory bail by this Court vide order dated 02.06.2021 passed Cr. Misc. No. 69631 of 2020.
Considering the afore-stated facts, the petitioners, against whom there is no specific accusation of assault and taking into account that five persons of the side of the petitioners also were injured in the occurrence, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Smt. Rupa Rani, Judicial Magistrate 1st Class, Nawada, in connection with Narhat P. S. Case No. 157 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.
4/4 (Ashutosh Kumar, J) skm/- U T