Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39673 of 2019 Arising Out of PS. Case No.-160 Year-2018 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

CHHOTU SINGH Son of Late Lakhdeo Singh Resident of Village-English, P.S.-Mufassil, District- Nawada.

2.

Chunaria @ Kundan Kumar Son of Late Lakhdeo Singh Resident of VillageEnglish, P.S.-Mufassil, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Prasad Singh For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2019 The petitioners apprehend their arrest in connection with Nawada (Mufassil) P.S. Case No. 160/2018 registered under Sections 341, 323, 325, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioners is that petitioners along with other accused persons assaulted informant and snatched a sum of Rs. 7,2000/- and petitioner no. 2 snatched gold locket of Hanuman Jee and also assaulted informant by means of iron rod on his head.

Learned counsel for the petitioners submits that petitioner have falsely been implicated in this case due to village politics. Learned counsel further submits that from perusal of the FIR it would be evident that the allegation against the petitioners are general and omnibus in nature. Learned counsel further submits that no specific allegation of assault has been

Patna High Court CR. MISC. No.39673 of 2019(4) dt.20-11-2019 2/2 alleged against petitioner no. 1 and no injury has been found on the head of the informant by the doctor.

Learned counsel for the State submits that the injury on the hand of the informant has been found and no injury has been found upon the head of the informant. Having regard to the submissions made by the parties and taking into consideration the fact that no specific allegation of assault is against petitioner no. 1 and no injury has been found upon the head of the informant, as such, I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the Court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in connection with Mufassil (Nawada) P.S. Case No. 160/2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Ranjeet/- U T