Ram Babu Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 44817 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -DARPA District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Ram Babu Singh, Son of Khedu Singh.
2. Shyam Babu Singh, Son of Khedu Singh.
3. Lal Babu Singh, Son of Khedu Singh.
4. Binod Singh, Son of Shubh Narayan Singh.
5. Mohan Singh, Son of Mangal Singh.
6. Murari Singh, Son of Mangal Singh, All are Residents of Village - Tinkoni, P.S. - Darpa, District - East Champaran .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Vijay Kumar Sirivastava, Advocate For the Opposite Party : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 324, 379, 380, 448 and 506 of the Indian Penal Code. Both sides are neighbours. For trivial dispute, an occurrence of assault took place. There is case and counter case. Specific allegation is against petitioner no. 1 Ram Babu Singh to have caused injury at the head of the informant. Submission is that the Doctor has found simple injury.
Patna High Court Cr.Misc. No.44817 of 2017 (2) dt.19-09-2017 2 /2 Since petitioner no. 1 Ram Babu Singh had knowledge that his act might cause death, I am not inclined to enlarge him on anticipatory bail.
Hence, prayer for bail of the petitioner no. 1 is refused. There is general and omnibus allegation of assault against other petitioners, hence, the petitioner nos. 2 to 6, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, are directed to be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran/successor Court in connection with Darpa Police Station Case No. 14 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner nos. 2 to 6 shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner nos. 2 to 6.
(Birendra Kumar, J) Kundan/- U T