Jalim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53875 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- DINARA District- Rohtas ====================================================== 1.

Jalim Singh, Son of Late Mukhdeo Singh R/O Vill.- Bhanas, P.s.- Dinara, Bhanas, Dist.- Rohtas.

2.

Dharmendra Singh, Son of Late Mukhdeo Singh R/O Vill.- Bhanas, P.s.- Dinara, Bhanas, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that his son Govind and Arvind Chaubey on 09.04.2024 on request of Ramakant has gone to his Khaliyan for work, when the accused persons came variously armed and Santosh started assaulting his son by lathi. On alarm, when

Patna High Court CR. MISC. No.53875 of 2024(2) dt.29-08-2024 2/3 informant reached the place of occurrence, when Rameshwar started firing. Further, accused also assaulted villager Santosh by lathi. It is next alleged that Rameshwar had earlier shot his brother for which a criminal case has been instituted. Further, the injured were taken to hospital for treatment.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case. It is next submitted that no specific allegation of assault is against these petitioners. It is also submitted that from side of the petitioners Dinara (Bhanas) P. S. Case No.147 of 2024 has been instituted against the side of the informant. It is also submitted that all injuries suffered by the injured is simple in nature except one injury of Arvind, which was inflicted on nose as would manifest from Annexure-3 to the anticipatory bail application, but then, there is no specific allegation that as to who assaulted Arvind.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail

Patna High Court CR. MISC. No.53875 of 2024(2) dt.29-08-2024 3/3 on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Bikramganj, Rohtas in connection with Dinara (Bhanas) P. S. Case No.146 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T