Pitambar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6696 of 2021 Arising Out of PS. Case No.-440 Year-2019 Thana- GOGRI District- Khagaria ====================================================== 1.

Pitambar Singh Son of Late Kuldip Singh Resident of Village- Badichak, Ward No.11, P.S.- Gogari, Distt- Khagaria.

2.

Raju Kumar S/o Pitambar Singh Resident of Village- Badichak, Ward No.11, P.S.- Gogari, Distt- Khagaria.

3.

Dipak Kumar Son of Dinesh Singh Resident of Village- Badichak, Ward No.11, P.S.- Gogari, Distt- Khagaria.

4.

Jago Kumar Son of Dinesh Singh Resident of Village- Badichak, Ward No.11, P.S.- Gogari, Distt- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 354(a), 307, 325, 379, 504,

Patna High Court CR. MISC. No.6696 of 2021(2) dt.06-12-2021 2/3 34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that petitioner No. 1 namely Pitambar Singh has been arrested. Hence, he seeks permission to withdraw the petition.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 1 is dismissed as withdrawn.

The prosecution case as per F.I.R is that all the accused persons including the petitioners armed with lathi, danda, bhala came at the door of the informant and started abusing her husband. The accused persons thereafter started assaulting the husband of the informant and when the informant and her grand son came to his rescue, they were also assaulted. It is submitted by learned counsel for the petitioners that there is general and omnibus allegation against the petitioners and in the background of some land dispute, the present accusation has been leveled.

Patna High Court CR. MISC. No.6696 of 2021(2) dt.06-12-2021 3/3 Moreover, similarly situated co-accused person has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 21.10.2020 passed in Cr. Misc. No. 27204 of 2020. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstances of the case, let the petitioners, above named, except petitioner No. 1, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogari P.S. Case No. 440 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T