Ashok Kumar @ Ashok Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7170 of 2016 Arising Out of PS.Case No. -194 Year- 2014 Thana -ATRI District- GAYA ======================================================

1. Ashok Kumar @ Ashok Singh son of Late Alakhdeo Singh

2. Jitendra Singh @ Jitendra Kumar son of Ashok Kumar @ Ashok Singh

3. Arvind Singh son of Late Ganauri Singh All residents of village - Baikathpur, P.S. Atri District Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Smt. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section 147, 148, 149, 341, 323, 324, 307 of the Indian Penal Code and under section 3 (1) (x), 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that accused persons, including the petitioners, came variously armed and confined the informant and his grand-father and other family members with an intent to restrain them from casting their vote and on protest being made co-accused Ranjeet Kumar opened fire from his pistol causing injury to grand-father of informant and when he fell down then

Patna High Court Cr.Misc. No.7170 of 2016 (2) dt.17-02-2016 2/2 petitioner No.1, Ashok Kumar, assaulted him with Lathi whereas petitioners No.2 and 3 also opened fire and by firing of Jitendra Singh, petitioner No.2, one Deepak Kumar received injuries. It is further alleged that after 20-25 rounds of firing the accused persons fled away.

It is submitted by the learned counsel for the petitioners that no fire arm injury has been caused to informant's side and all injuries are caused by hard and blunt substance. Statement has been in paragraph 3 of the petition that the petitioners have no criminal antecedent.

The aforesaid facts constitute grounds for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioners surrender within six weeks from today in connection with Atri P.S. case No. 194/2014 pending in the court of learned ACJM-2, Gaya.

This application is disposed of with the aforesaid observation/direction (Dinesh Kumar Singh, J) BKS/- U T