Dinesh Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51921 of 2018 Arising Out of PS. Case No.-21 Year-2017 Thana- GHORASAHAN District- East Champaran ======================================================
1. Dinesh Singh, son of Budhu Singh.
2. Vicky Kumar, son of Khublal Singh.
3. Khublal Singh, son of Budhu Singh.
4. Jalandhar Singh, son of Budhu Singh.
5. Budhu Singh, son of Timan Singh. All resident of VillageNunaura, Police Station Ghorasahan, District- East Champaran. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Anil Kumar, Advocate.
For the Opposite Party :
Mr. Gauri Shankar Gupta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 323, 324, 307, 379, 504 and 506/34 of the IPC.
The prosecution story, in brief, is that on the date, time and place of occurrence, the petitioners assaulted the informant, his brother and father with Lathi when they were sitting at their door.
It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the
Patna High Court Cr.Misc. No.51921 of 2018(4) dt.22-11-2018 2/3 witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioner nos. 3, 4 and 5. No specific injury has been attributed against the said petitioners.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R. Specific allegation of overt act has been alleged against petitioner nos. 1 and 2. Injury report supports allegations made in the F.I.R. against petitioner nos. 1 and 2.
Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to petitioner nos. 1 and 2 Dinesh Singh and Vicky Kumar. The same is rejected in connection with Ghorasahan P.S. Case No. 21 of 2017, pending in the court of learned S.D.J.M. Sikrahana at Dhaka, DistrictEast Champaran. Anyhow, if petitioner nos. 1 and 2 surrender and pray for regular bail in the learned court below, the same shall be considered on its own merit without being prejudiced by this order of the Court.
As far as petitioner nos. 3, 4 and 5 Khublal Singh, Jalandhar Singh and Budhu Singh are concerned, let they (except petitioner nos. 1 and 2 Dinesh Singh and Vicky Kumar) in the event of arrest or surrender before the learned court below
Patna High Court Cr.Misc. No.51921 of 2018(4) dt.22-11-2018 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Sikrahana at Dhaka, East Champaran, in connection with Ghorasahan P.S. Case No. 21 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T