Okil Singh @ Vakil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64903 of 2021 Arising Out of PS. Case No.-85 Year-2021 Thana- BARHAT District- Jamui ====================================================== 1.

OKIL SINGH @ VAKIL KUMAR SINGH Son of Late Saligram Singh Resident of Village - Matiya, P.S.- Laxmipur, Distt.- Jamui. 2.

Lukesh Kumar Singh Son of Vakil Kumar Singh Resident of Village - Matiya, P.S.- Laxmipur, Distt.- Jamui.

3.

Golki Kumar Singh @ Goldi Kumar Singh Son of Vakil Kumar Singh Resident of Village - Matiya, P.S.- Laxmipur, Distt.- Jamui. 4.

Mohan Singh Son of Late Jugal Kishore Singh Resident of Village - Paro, P.s.- Barahat, Distt.- Jamui.

5.

Ramchandra Singh Son of Jugal Kishore Singh Resident of Village - Paro, P.s.- Barahat, Distt.- Jamui.

6.

Tarum Singh Son of Mohan Singh Resident of Village - Paro, P.s.- Barahat, Distt.- Jamui.

7.

Saurav Singh Son of Mohan Singh Resident of Village - Paro, P.s.- Barahat, Distt.- Jamui.

8.

Shashi Shekhar Singh Son of Late Deo Narayan Singh Resident of Village - Paro, P.s.- Barahat, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.APP For the Informant :

Mr. Manoj Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-05-2022 Heard Mr. Satya Prakash Parasar, the learned Advocate for the petitioners and Mr. Manoj Kumar Sinha, the learned Advocate for the informant. The State is represented by the learned APP.

This case has been given a priority hearing on the statement made by the counsel for the petitioners that petitioner

Patna High Court CR. MISC. No.64903 of 2021(2) dt.18-05-2022 2/3 no. 3 is to appear in an examination for graduation in Munger University.

The petitioners seek bail in anticipation of their arrest in connection with Barhat P.S. Case No. 85/2021 instituted for the offences under Sections 147, 148, 447, 841, 323, 307, 325, 354B, 308, 324, 504 and 506 of the Indian Penal Code and Section 27 of the Indian Penal Code.

Though the petitioners are said to have taken part in the assault which has left two persons injured but the nature of injuries on such persons could not be ascertained for want of further medical investigation.

However, the learned counsel for the petitioners has submitted that there is a reason for their false implication in this case with an overtly exaggerated accusation. On two earlier occasions, the informant was made accused from the side of the petitioners, in which he had to go to jail. The petitioners are neighbours and are at loggerheads over various issues. The learned counsel for the informant on the other hand has submitted that there is no gainsaying that there is a background of enmity but enmity is a double-edged sword and because of such enmity, such an assault has been perpetrated on two of the members of the family of the informant, who have

Patna High Court CR. MISC. No.64903 of 2021(2) dt.18-05-2022 3/3 received injuries. He has further submitted that all the petitioners were earlier made accused in a case involving atrocities on members of SC/ST community.

In response to the aforesaid statement, Mr. Parashar, the learned counsel for the petitioners has submitted that in the aforesaid case, all the petitioners are on bail and such case was lodged at the behest of the informant of this case only. Considering the afore-noted submissions, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Jamui, in connection with Barhat P.S. Case No. 85/2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T