Bhupendra Kumar Singh @ Bhupendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6354 of 2021 Arising Out of PS. Case No.-336 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.
BHUPENDRA KUMAR SINGH @ BHUPENDRA SINGH Sonof HARIBANS KUMAR SINGH @ Harivansh Kumar Singh Resident of Mohalla - Tenduni Dibra, P.S. - Bikramganj, District - Rohtas. 2.
Viplav Kumar Son of Bhupendra Kumar Singh @ Bhupendra Singh Resident of Mohalla - Tenduni Dibra, P.S. - Bikramganj, District - Rohtas. 3.
Bipul Kumar Son of Bhupendra Kumar Singh @ Bhupendra Singh Resident of Mohalla - Tenduni Dibra, P.S. - Bikramganj, District - Rohtas. 4.
Pintu Kumar Son of Haribans Kumar Singh @ Harivansh Kumar Singh Resident of Mohalla - Tenduni Dibra, P.S. - Bikramganj, District - Rohtas. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr.Nilesh Sinha, Advocate For the State :
Mr.APP For the informant :
Mr.Vishal Saurabh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2021 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant through virtual mode.
Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Counsel for the petitioners seeks permission to withdraw the present application on behalf of the petitioner No.3, as the petitioner No.3 has been taken into judicial custody. Permission is accorded.
Patna High Court CR. MISC. No.6354 of 2021(2) dt.24-08-2021 2/3 The application filed on behalf of petitioner No.3 is dismissed as withdrawn.
The petitioner Nos.1, 2 and 4 are apprehending their arrest in connection with Bikramganj P.S. case No.336/2020 registered under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code.
Allegation is that the petitioner No.1 gave rod blow on the informant, due to which he sustained injuries on his head, chest and abdoment and petitioner No.2 assaulted Dheeraj by means of gadhal, due to which he sustained head injury and petitioner No.4 assaulted Rajni Ranjan by the butt of rifle, due to which he sustained head injury.
It has been submitted on behalf of the petitioner Nos.1, 2 and 4 that the petitioner Nos.1, 2 and 4 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner Nos.1, 2 and 4. The petitioner Nos.1, 2 and 4 have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State and learned counsel for the
Patna High Court CR. MISC. No.6354 of 2021(2) dt.24-08-2021 3/3 informant, it is submitted that the petitioner Nos.1, 2 and 4 are named in the complaint case/F.I.R.
Considering the facts and circumstances of the case, the petitioner Nos.1, 2 and 4, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned A.C.J.M., Bikramganj, Rohtas in connection with Bikramganj P.S. case No.336/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner Nos.1, 2 and 4 will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T