Rupesh Kumar @ Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48442 of 2019 Arising Out of PS. Case No.-655 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
Rupesh Kumar @ Guddu Kumar, age 29 years, Male, Son of Rajeshwar Singh 2.
Chandan Kumar, Male, age 26 years, Son of Rajeshwar Singh 3.
Rajeshwar Prasad Singh @ Rajeshwar Singh, Male, age 63 years, S/o Chaitu Singh 4.
Ram Babu Singh, Male, age 58 years, Son of Chaitu Singh All resident of Village - Naurangabad, P.S.- Sadar Hajipur, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kaushal Kishor For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-08-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Hajipur Sadar P.S. Case No. 655 of 2018 registered for offences under sections 341, 447, 323, 324, 307, 354, 379, 504 & 34 of the Indian Penal Code. In the present case, specific allegation has been made against the petitioner no.3, Rajeshwar Prasad Singh @ Rajeshwar Singh to have caused injury by sharp weapon on the head of the Informant and the allegation against the rest of the petitioner nos. 1, 2 & 4 are general and omnibus.
Patna High Court CR. MISC. No.48442 of 2019(2) dt.05-08-2019 2/2 There being direct allegation against the petitioner no.3, Rajeshwar Prasad Singh, this Court is not inclined to grant privilege of anticipatory bail to him.
Accordingly, the prayer for anticipatory bail of the petitioner no.3, above named, is rejected.
Looking to the entire facts and circumstances of the case as also there being no specific allegation, let the petitioner nos. 1, 2 & 4, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 655 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call them for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T