Bachcha Singh @ Nand Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52694 of 2021 Arising Out of PS. Case No.-115 Year-2020 Thana- BHELDI District- Saran ====================================================== 1.

BACHCHA SINGH @ NAND KISHORE SINGH S/o Late Jalsa Singh Resident of Village- Bheldi, Saran.

2.

Gyanti Devi @ Gayatri Devi W/o Bachha Singh @ Nand Kishore Singh Resident of Village- Bheldi, Saran.

3.

Rita Devi W/o Bhuar Singh @ Birendra Singh Resident of Village- Bheldi, Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 354, 379, 504/34 of the Indian Penal Code. The allegation against the petitioners is that they along

Patna High Court CR. MISC. No.52694 of 2021(2) dt.10-05-2022 2/3 with other accused persons have indiscriminately assaulted the informant's side.

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. 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. The specific allegation is against the co-accused Bhuwar Singh @ Birndra Singh to have hurled daab on the neck of the informant. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties and both sides have sustained injuries. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is case and counter case between the parties and no specific allegation is attributed 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) each with two

Patna High Court CR. MISC. No.52694 of 2021(2) dt.10-05-2022 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bheldi P.S. Case No.115/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T