Rupesh Singh @ Rupesh Kumar Singh @ Rupesh Kumar And Other v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47243 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== 1.

RUPESH SINGH @ RUPESH KUMAR SINGH @ RUPESH KUMAR AND OTHER Son of Late Sateyandra Singh Resident of Village - Soharaiya, P.s.- Fesar, Distt.- Aurangabad.

2.

Rintu Kumar Singh Son of Late Satyendra Singh Resident of Village - Soharaiya, P.s.- Fesar, Distt.- Aurangabad.

3.

Suraj Kumar Son of Rupesh Singh @ Rupesh Kumar Singh @ Rupesh Kumar Resident of Village - Soharaiya, P.s.- Fesar, Distt.- Aurangabad. 4.

Pradeep Kumar Son of Rupesh Singh @ Rupesh Kumar Singh @ Rupesh Kumar Resident of Village - Soharaiya, P.s.- Fesar, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar,Advocate For the Opposite Party/s :

Mr.Atul Chandra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-01-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners apprehend their arrest in connection with Fesar P.S. Case No. 60 of 2022 for the offence registered under Sections 147, 148, 149, 341, 323, 379, 307, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution story, the informant has alleged that the accused persons armed variously tried to erect a wall on the land of the informant and upon request by the informant not to proceed with the construction, the allegation is that they assaulted him as well as his family members. Specific allegation is against the petitioner no. 1 & 2 namely, Rupesh

Patna High Court CR. MISC. No.47243 of 2022(2) dt.04-01-2023 2/2 Singh @ Rupesh Kumar Singh @ Rupesh Kumar and Rintu Kumar Singh respectively of using rod and sword injuring the wife of the informant.

Taking into account the aforesaid allegation that has come up against petitioner nos. 1 & 2, the relief sought for is hereby rejected.

So far as the other two petitioners, namely, Suraj Kumar and Pradip Kumar (petitioner nos. 3 & 4) are concerned, in view of the fact that omnibus allegations are there and they are young boys, this Court is inclined to grant them relief and their anticipatory bail is allowed.

Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Fesar P.S. Case No. 60 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T