Abhimanyu Kumar Singh @ Abhimanyu Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20431 of 2017 Arising Out of PS.Case No. -50 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Abhimanyu Kumar Singh @ Abhimanyu Singh son of Late Rijhan Singh

2. Dabloo Singh son of Jhagru Singh Both residents of Village - Tharbitiya, P.S. - Pakaridayal, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pakrideyal P. S. Case No. 50 of 2016 for the offences punishable under Sections 188, 358, 147, 148, 149, 341, 342, 323, 504 and 506 of the Indian penal Code and Section 27 Arms Act. The accusation is based upon the written report by the informant is that on 28.04.2016 when he was engaged as Presiding officer at Panchayat Election, in the meantime, Ex Mukhiya Rameshwar Naryan Singh @ Chhedi singh came with gun and started firing and also about 100 unknown miscreants came at the Booth armed with lathi-fatta and created nuisance during election therefore people, who were present there, started hither and neither.

Patna High Court Cr.Misc. No.20431 of 2017 (3) dt.11-08-2017 2/2 Learned counsel for the petitioners submits that both petitioners are not named in the F.I.R. and in course of investigation, the name of the petitioners have surfaced in paragraph- 6 of supplementary affidavit, being the member of mob without any overt act. Further submission is that the petitioner is an accused in a case numbered as Pakrideyal P.S.Case No. 51 of 2016, which was instituted under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code on the same day and for the same occurrence.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender within four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand)each with two sureties of the like amount each to the satisfaction of the learned 5th Additional Chief Judicial Magistrate, Motihari , east Champaran in connection with Pakarideyal P. S. Case No. 50/ 2016, subject to the conditions laid down under Section 438 (2) Cr.P.C.

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