Surendra Kumar Singh @ Guddu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44885 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== 1.
SURENDRA KUMAR SINGH @ GUDDU SINGH son of Late Pashupati Singh Village- Tekniwas Ps- Rivilganj Dist- Saran at Chapra 2.
Ranvijay Kumar Singh son of Late Pashupati Singh Village- Tekniwas PsRivilganj Dist- Saran at Chapra 3.
Chhedi Sah @ Surendra Prasad Sah son of Late Shiv Lal Sah VillageTekniwas Ps- Rivilganj Dist- Saran at Chapra 4.
Saral Sah @ Virendra Kumar Sah son of Late Sheo Lal Sah VillageTekniwas Ps- Rivilganj Dist- Saran at Chapra 5.
Rishu Sah @ Rishu Kumar son of Chhedi Sah @ Surendra Prasad Sah Village- Tekniwas Ps- Rivilganj Dist- Saran at Chapra 6.
Mahesh Sah @ Mahesh Prasad Gupta son of Rajendra Sah VillageTekniwas Ps- Rivilganj Dist- Saran at Chapra 7.
Sonu Sah Sah @ Sonu Kumar Sah son of Late Umanath Sah VillageTekniwas Ps- Rivilganj Dist- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Radha Mohan Singh, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 354, 379, 307 and 34 of the IPC.
3. As per the prosecution case, petitioner nos.1 and 2
Patna High Court CR. MISC. No.44885 of 2023(2) dt.22-08-2023 2/3 are the order giver and it is alleged that petitioner nos.5 and 6 misbehaved with the wife of the informant. It is further alleged that the petitioners assaulted the informant.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties, for which Civil suit and partition suit are pending between the parties. Petitioner no.2 has no criminal antecedent. Petitioner nos.1, 3, 4, 5, 6 and 7 have one, two, two, two, four, two criminal antecedents respectively.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand)
Patna High Court CR. MISC. No.44885 of 2023(2) dt.22-08-2023 3/3 each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rivilganj P.S. Case No.149 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T