Narsingh Goshwami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10014 of 2021 Arising Out of PS. Case No.-157 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== 1.

NARSINGH GOSHWAMI Chela of Late Ramroop Goshwami Resident of village- Tadhwanandpur, P.S. - Bairiya, Dist. - West Champaran. 2.

Kusheshwar Bhagat @ Kuleshwar Goshwami @ Kusheshwar Goshwami Chela of Late Bangali Bhagat Resident of village- Tadhwanandpur, P.S. - Bairiya, Dist. - West Champaran.

3.

Rajesh Prasad S/O Late Bishwanath Mahto Resident of villageTadhwanandpur, P.S. - Bairiya, Dist. - West Champaran. 4.

Munna Prasad S/O Late Rajmangal Mahto Resident of villageTadhwanandpur, P.S. - Bairiya, Dist. - West Champaran. 5.

Pramod Prasad S/O Late Rajmangal Mahto Resident of villageTadhwanandpur, P.S. - Bairiya, Dist. - West Champaran. 6.

Daroga Prasad S/O Late Rajmangal Mahto Resident of villageTadhwanandpur, P.S. - Bairiya, Dist. - West Champaran. 7.

Subhash Prasad @ Subash Prasad S/O Late Bishwanath Mahto Resident of village- Tadhwanandpur, P.S. - Bairiya, Dist. - West Champaran. 8.

Motilal Prasad S/O Late Bishwanath Prasad Resident of villageTadhwanandpur, P.S. - Bairiya, Dist. - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.10014 of 2021(2) dt.13-04-2021 2/3 registered under Sections 147, 148, 149, 447, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. The prosecution allegation, in short, is that the accused persons assaulted the informant while he was working in his field due to which he sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya

Patna High Court CR. MISC. No.10014 of 2021(2) dt.13-04-2021 3/3 P.S. Case No. 157 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T