Binod Singh @ Binod Pd. Singh And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26481 of 2018 Arising Out of PS.Case No. -613 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================
1. Binod Singh @ Binod Pd. Singh, son of Guneshwar Singh @ Guneshwar Prasad Singh, aged about 58 years.
2. Manoj Singh son of Late Yadaunandan Singh, aged about 43 years Both resident of Mohalla- Kali Ashtan Pokharia, Ward No. 39, P.S.- Begusarai Town, District- Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Arun, Advocate : Mr. Atul Anand, Advocate For the State : Mr. Md. Arif, APP For the Informant : Mr. Ram Sumiran Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Begusarai Town P.S. Case No.613 of 2017 registered under Sections 147, 148, 149, 341, 323, 325, 307, 427, 379, 504 and 506 of the Indian Penal Code.
It is submitted that altogether thirty nine accused persons including these two petitioners have been made accused in the first information report with general and vague allegation that they all assaulted the informant and his father with lethal weapon, but the injury report shows that the informant has received four simple
Patna High Court Cr.Misc. No.26481 of 2018 (2) dt.07-05-2018 2/3 injuries whereas his father has sustained five injuries out of which three were simple and two were found grievous caused on left lower arm and right middle finger upper end. It is submitted that the informant being an Advocate has instituted this case with ulterior motive implicating thirty nine persons with whom for one reason or the other he is on litigating term. It is also submitted that three other accused persons, namely, Rajeev Ranjan @ Ajay Kumar @ Ajay Singh, Naveen Kumar Singh @ Navin Singh @ Navin Prasad Singh and Bullan Kumar Singh @ Bullan Singh have already been granted pre-arrest bail by a Bench of this Court vide order dated 19.04.2018 in Cr. Misc. No.23380 of 2018.
On the other hand, learned counsel for the State and learned counsel for the informant opposed the prayer for grant of pre-arrest bail to the petitioners. They submitted that there is allegation that when the informant being an Advocate had gone to the field of his client in order to give some legal opinion regarding land in dispute, the accused persons mercilessly assaulted him and his father.
Having heard the parties, considering the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on
Patna High Court Cr.Misc. No.26481 of 2018 (2) dt.07-05-2018 3/3 furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusari in connection with Begusari Town P.S. Case No.613 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T