Manoj Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34511 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -KARPI District- JEHANABAD ======================================================
1. Manoj Singh
2. Satendra Singh @ Satendra Kumar
3. Jai Ram Singh All sons of Nand Kishore Singh
4. Basant Kumar Son of Jai Kumar Singh
5. Amrendra Kumar Son of Krikhnandan Singh
6. Rahul Kumar Son of Manoj Singh
7. Janki Singh
8. Govind Singh Both Sons of Chanarik Singh
9. Pramod Kumar Son of Govind Singh
10. Budhram Singh Son of Deodhari Singh All residents of village- Jindapur, P.S.- Karpi, District- Arwal .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-09-2016 Heard Sri D.K.Sinha, learned Senior Counsel, who was assisted by Sri Abhinay Raj, learned counsel for the petitioners and Sri Yogendra Kumar, learned Addl. Public Prosecutor.
Ten petitioners, apprehending their arrest in Karpi (Saher Telpa) P.S. Case No.72/2016 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 379, 307, 504, 506 of the Indian Penal Code, have prayed for grant of bail in the event of
Patna High Court Cr.Misc. No.34511 of 2016 (2) dt.05-09-2016 2/3 their arrest.
By way of referring to Annexure-3 to the present petition i.e. copy of F.I.R. of Karpi ( Saher Telpa) P.S. Case No.71/2016, it was submitted by learned counsel for the petitioners that the informant side were aggressor. At the door of the petitioners, they had assaulted the petitioners' side. Thereafter F.I.R. was lodged against the informant side by the petitioner no.5, Amrendra Kumar. He submits that there was dispute in relation to Panchayat election and prior to lodging of F.I.R. from the petitioners side i.e. Karpi ( Saher Telpa) P.S. Case No.71/2016, which was registered on 11.05.2016, one another F.I.R. was lodged by the Patrolling Party against the informant and others of the present case, which was registered on 10.05.2016 vide Karpi (Saher Telpa) P.S. Case No.68/2016. He further submits that before the learned Sessions Judge, no injury reports were produced by the Investigating Officer.
Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail of the petitioners. However, keeping in view the fact that from the petitioners side itself , earlier F.I.R. was lodged and there was case and counter case in between the parties, let ten petitioners, namely, (i) Manoj Singh (ii) Satendra Singh @ Satendra Kumar (iii) Jai
Patna High Court Cr.Misc. No.34511 of 2016 (2) dt.05-09-2016 3/3 Ram Singh (iv) Basant Kumar ( v) Amrendra Kumar (vi) Rahul Kumar (vii) Janki Singh (viii) Govind Singh (ix) Pramod Kumar and (x) Budhram Singh, in the event of their arrest or surrender within six weeks from today, be released 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 learned Chief Judicial Magistrate, Arwal in connection with Karpi ( Saher Telpa) P.S. Case No.72/2016, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) NKS/- U T