Ashok Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53684 of 2018 Arising Out of PS.Case No. -133 Year- 2018 Thana -BHARGAMA District- ARRARIA ======================================================

1. Ashok Kumar Singh

2. Babloo Singh @ Babloo Kumar Singh

3. Vijay Kumar Singh @ Vijey Kumar Singh All Sons of Late Balkrishna Singh resident of Village- Shekhpura Ward No. 1, P.S. Bhargama, DistrictAraria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 354, 307, 504, 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that when the informant was going through the ridge, the accused persons abused him and on protest, he was assaulted by them, as a result of which, the informant sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is

Patna High Court Cr.Misc. No.53684 of 2018 (3) dt.09-10-2018 case and counter case between the parties. The injury is said to be simple in nature. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 133 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T