Bikash Kumar Singh @ Bikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53708 of 2021 Arising Out of PS. Case No.-391 Year-2020 Thana- BARHARA District- Bhojpur ====================================================== 1.

BIKASH KUMAR SINGH @ BIKASH SINGH Son of Ashok Singh Resident of Village- Farhads, P.S.- Barhara, District- Bhojpur. 2.

Abhisek Kumar @ Vikky Singh Son of Ashok Singh Resident of VillageFarhads, P.S.- Barhara, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Mohan Tripathi, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 354, 379, 448, 387 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 04.09.2020 at about 5:30 pm Ashok Singh, Vikas Singh (petitioner no.1) Vikky Singh (petitioner No.2) along with Chhotu Singh entered the informant's house and all of them assaulted the women and children, it is next alleged that Ashok Singh who was armed with a licensed rifle in an inebriated condition snatched chain and earring from the niece of Prabha Devi. It is further alleged that Dhananjay Singh and two other

Patna High Court CR. MISC. No.53708 of 2021(2) dt.05-07-2022 2/2 people including a minor were grievously injured on account of assault made by the accused persons.

Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that the allegation of assault is general and omnibus in nature and the thrust of the allegation is against Ashok Singh. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that all the accused persons have assaulted on account of which Dhananjay Singh two others including a minor were grievously injured, it is next submitted that if the petitioner would not have participated in the occurrence then perhaps Ashok Singh would not have been in a position to commit the occurrence single handedly, it is because of the petitioner that such an occurrence took place leading to grievous injury to a minor which amply demonstrates the beastly act committed by them.

Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.

Their prayer for anticipatory bail is thus rejected. (Satyavrat Verma, J) Rishi/- U T