Shyam Babusingh @ Shyam Babu Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2965 of 2021 Arising Out of PS. Case No.-397 Year-2020 Thana- HAJIPUR District- Vaishali ====================================================== 1.
SHYAM BABUSINGH @ SHYAM BABU LAL SON OF DHURKHEL SINGH RESIDENT OF VILLAGE-MINAPUR, KHARADI TOLA, P.S.- TOWN HAJIPUR, DISTRICT-VAISHALI.
2.
RAJA KUMAR @ PIUSH KUMAR SINGH S/O SHYAM BABU SINGH @ SHYAM BABU LAL RESIDENT OF VILLAGE-MINAPUR, KHARADI TOLA, P.S.-TOWN HAJIPUR, DISTRICT-VAISHALI. 3.
PUSHPA KUMARI @ MANJU D/O SHYAM BABU SINGH @ SHYAM BABU LAL RESIDENT OF VILLAGE-MINAPUR, KHARADI TOLA, P.S.-TOWN HAJIPUR, DISTRICT-VAISHALI.
4.
PRINCE KUMAR S/O SHYAM BABU SINGH @ SHYAM BABU LAL RESIDENT OF VILLAGE-MINAPUR, KHARADI TOLA, P.S.-TOWN HAJIPUR, DISTRICT-VAISHALI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Thakur For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 341, 323, 307 and 302 of the Indian Penal Code.
Allegedly, while the informant's husband was parking his
Patna High Court CR. MISC. No.2965 of 2021(2) dt.19-07-2021 2/3 motorcycle in his house, all the accused persons having variously armed came there and started assaulting him as a result of which, he sustained grievous injuries and later on, he succumbed to the injuries in course of treatment. It has been submitted on behalf of the petitioners that the petitioner Nos. 2 to 4 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Altogether 20 persons are named in the FIR including the petitioners.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 397 of 2020 subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.2965 of 2021(2) dt.19-07-2021 3/3 the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T