Chandrama Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47682 of 2018 Arising Out of PS. Case No.-386 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ======================================================

1. Chandrama Singh, S/o Late Dokari Singh.

2. Anand Kumar Singh @ Pannu Singh, S/o Late Ram Karan Singh.

3. Anil Singh, S/o Late Ram Karan Singh.

4. Chandan Singh, S/o Anil Singh.

5. Rajendra Singh, S/o Late Bachchan Singh.

6. Paltu Singh, S/o Shivpujan Singh.

7. Rahul Singh, S/o Late Munna Singh.

8. Anup Singh, S/o Shiv Shankar Singh.

9. Rohit Singh @ Rohit Kumar Singh, S/o Barman Singh @ Badhawan Singh.

10. Deepak Singh, S/o Late Sachidanand Singh.

11. Kundan Singh S/o Mantu Singh.

All are R/o Vill.- Maliksarai, P.S.- Chainpur, District- Kaimur (Bhabhua). ... ... Petitioners.

Versus

The State Of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr.

For the State :

Mr.

For the Informant :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioners apprehend their arrest in connection with Bhabhua P.S. Case No.386 of 2018 registered under Sections 147, 148, 149, 323, 341, 324, 307, 379, 504 and 506 of the Indian Penal Code and, later on, added Section 27 of the Arms Act.

The accusation is that on 20.05.2018 at about 06.20

Patna High Court Cr.Misc. No.47682 of 2018(4) dt.31-01-2019 2/3 P.M., when the informant Perwez Ansari was on way to his home, at that time, Ritesh Singh, Niraj Singh alias Rinku Singh, Banti Singh alias Ranjeet Singh, Virendra Singh, Chandrama Singh and Chandan Singh having armed with weapons surrounded him. Thereafter, Ritesh Singh opened fire from his country made pistol at him but, fortunately, the same did not hit the informant. Thereafter, Banti Singh and Niraj Singh caused assault to the informant on his head through iron rod, due to which the informant fell down on the ground. After that, Virendra Singh caused injury at the face of the informant through knife. Thereafter, the petitioners also caused injury to the informant through iron rod. At that time, Ritesh Singh took the gold chain and Rs.20000/- of the informant. When the informant regain his consciousness, he found himself at the hospital.

Learned counsel for the petitioners submits that, in fact, due to intervention in Ramnavmi process by the informant of the present case and others, the occurrence of "Maar-Peet" took place regarding which Chainpur P.S. Case No.63 of 2018 under Sections 147, 148, 149, 323, 324, 325, 307, 504, 506, 427, 337, 338 and 153(A) of the Indian Penal Code, on the basis of the written report of Shailesh Kumar Singh was instituted

Patna High Court Cr.Misc. No.47682 of 2018(4) dt.31-01-2019 3/3 against the informant of the present case and others. Due to that reason, the informant has lodged the present case, implicating the petitioners and several villagers with general allegation of causing assault. Further submission is that before institution of the present F.I.R., the petitioners had no criminal antecedents but after lodging of the present case, the petitioners have been implicated in three other cases, which would appear from paragraph-3 to the supplementary affidavit filed on behalf of the petitioners.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabhua P.S. Case No.386 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T