Deo Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54654 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- PUNPUN District- Patna ====================================================== 1.
Deo Prasad Singh, Son of Late Bai Kunth Singh Resident of Village - Saraiyan, P.S.- Punpun, District - Patna (Bihar). 2.
Harendra Singh @ Harendra Kumar Singh Son of Sri Deo Prasad Singh Resident of Village - Saraiyan, P.S.- Punpun, District - Patna (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Tiwary For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
Petitioners apprehend their arrest in connection with Punpun P.S. Case No.137 of 2019 for the offence punishable under Sections 147, 149, 323, 307 and 379 of the Indian Penal Code.
The allegation against the petitioners is that petitioners along with other accused persons assaulted the informant by means of lathi, danda and iron rod. Mr. Ranjit Kumar Tiwary, learned counsel appearing for the petitioners submits that both the parties are related and there is case and counter case inasmuch Punpun P.S. Case No.151 of 2019 has been lodged by the petitioner No.2 against
Patna High Court CR. MISC. No.54654 of 2019(2) dt.29-08-2019 2/3 the prosecution side. Learned counsel further submits that there is family dispute between both the parties and the proceeding under Section 107 is also pending between the parties. Learned counsel relying upon the impugned order submits that no injury has been found in the case diary by the learned sessions Judge. Learned counsel further submits that similarly situated accused has been granted bail by this |Court in Cr. Misc. No.53698 of 2019.
After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact both the parties are related and the proceeding under Section 107 of Cr.P.C. is pending between the parties and further no prima facie injury brought on record by the prosecution before the learned Sessions Judge or before this Court, as such, I am inclined to grant anticipatory bail to all these petitioners.
Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.54654 of 2019(2) dt.29-08-2019 3/3 of Sri Ranjay Kumar, Judicial Magistrate, First Class, Masaurhi, Patna, subject to the condition as mentioned under Section 438
(2) of Cr.P.C.
(Anil Kumar Sinha, J) sanjeev/- U T