Rambachan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3497 of 2021 Arising Out of PS. Case No.-174 Year-2020 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.

RAMBACHAN SINGH S/o LATE SUKHNANDAN SINGH, 2.

Veerbahadur Singh, 3.

Rajbahadur Singh, 4.

Shatrudhan Singh, All Sons of Rambachan Singh, Resident of Village - Darauli, P.S. - Ramgarh, District - Kaimur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-11-2021 Heard the parties.

The petitioners are apprehending their arrest in connection with Ramgarh P.S. Case No.174/2020, registered for the offence punishable under Sections 308, 379 of the Indian Penal Code, though it was lodged under other Sections also etc. 341, 323, 504, 506, 34 of the I.P.C.

Allegation of assault against the petitioners which caused grievous injury to the injured.

Learned counsel for the petitioners submits that both parties have filed case and also got injuries. The

Patna High Court CR. MISC. No.3497 of 2021(2) dt.16-11-2021 2/3 petitioner no.3 has sustained the fracture injury upon his right shoulder blade (Scapula). Petitioner nos.1 is a senior citizen and has falsely been implicated in this case.

Considering the above facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner nos. 2 and 4. Prayer for anticipatory bail is hereby rejected. In the aforesaid facts, this application is allowed. Let the petitioner nos. 1 and 3, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st Bhabua, Kaimur in connection with Ramgarh P. S. Case No. 174/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

In case the petitioner nos. 2 and 4 surrender and pray for regular bail before the Court below within a period of four weeks from today, the Court below will consider the same without being prejudiced by the fact that the anticipatory bail application of the petitioner nos. 2 and 4 has been rejected by this Court. The Court below also consider the fact that there is

Patna High Court CR. MISC. No.3497 of 2021(2) dt.16-11-2021 3/3 general and omnibus allegation against them.

(Sandeep Kumar, J) amitkumar/- U T