Mithalesh Kumar Singh @ Mithilesh Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6342 of 2017 Arising Out of PS.Case No. -555 Year- 2016 Thana -SUPAUL District- SUPAUL ======================================================

1. Mithalesh Kumar Singh @ Mithilesh Kumar Singh.

2. Fulendra Singh @ Chhotu. Both are Sons of Udai Singh.

3. Manoj Kumar Singh, Son of Mahendra Singh, All are Resident of Ward No. 16, Supaul, P.S.+District- Supaul.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amar Nath Yadav For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Supaul P.S. Case no. 555 of 2016, registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 354 and 504/34 of the Indian Penal Code.

The accusation is that seven persons named in the F.I.R., including the petitioners, armed with lathi, stick and iron rod came at the door of the informant and started to abuse, when Pradeep Kumar, son of the informant, made protest then at the order of Udai Singh and Mahendra Singh, petitioner No. 3 Manoj Kumar Singh and Petitioner No.2 Fulendra Singh @ Chhotu caused injury through iron rod at the head of Pradeep Kumar, son of the informant, and Sharwan Singh also caused fracture injury at the left hand of Pradeep Kumar. Whereas,

Patna High Court Cr.Misc. No.6342 of 2017 (2) dt.03-04-2017 2/2 Krishna Kumar, grandson of the informant, was assaulted by petitioner No.1 Mithalesh Kumar Singh @ Mithilesh Kumar Singh. Learned counsel for the petitioners submits that the injuries found on the person of Krishna Kumar, grandson of informant, is simple in nature, which is said to be caused by petitioner No.1, whereas the grievous injuries found on the person of Pradeep Kumar was caused by petitioner No.2 and 3.

Having regard to the facts and circumstances of the case and nature of allegation against the petitioner Nos. 2 and 3, above named, I am not inclined to grant anticipatory bail to the petitioner Nos.2 and 3. Accordingly, the prayer of the petitioner Nos. 2 and 3, namely, Fulendra Singh @ Chhotu and Manoj Kumar Singh, for grant of anticipatory bail stands rejected.

So far as the petitioner No.1, namely, Mithalesh Kumar Singh @ Mithilesh Kumar Singh be released on bail in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 555 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T