Nandu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51243 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- SURYAPUR District- Rohtas ====================================================== 1.

Nandu Singh Male, age 35 years, S/o Late Ram Bilash Singh R/o villageAgrer kala, P.S.- Surajpura, Distt.- Rohtas. 2.

Hari Shankar Singh male age 60 years, S/o Late Ramjash Singh, R/o villageAgrer kala, P.S.- Surajpura, Distt.- Rohtas. 3.

Uma Shankar Singh male age 50 years, S/o Late Ramjash Singh, R/o village- Agrer kala, P.S.- Surajpura, Distt.- Rohtas. 4.

Jagan Singh male age 45 years, S/o Late Ramjash Singh, R/o village- Agrer kala, P.S.- Surajpura, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Suryapura P.S. Case No. 48 of 2019 registered under sections 341, 323, 307, 354(B), 379/34 of the IPC and Section 27 of the Arms Act. The allegation against the petitioners is that petitioners along with other accused persons assaulted the informant and others having weapons in their hands.

Learned counsel appearing for the petitioners submits that both the parties are co-villagers and there is case and counter case between them inasmuch as Surajpura P.S. Case No. 47 of 2019 has been lodged by the side of the petitioners against the informant and

Patna High Court CR. MISC. No.51243 of 2019(3) dt.16-11-2019 2/2 others. Learned counsel further submits that the case lodged by the side of the petitioner is prior to the case lodged by the informant. Learned counsel also submits that allegation against the petitioners are general and omnibus in nature and no apparent injury has been placed on record by the prosecution.

After having heard learned counsel for the parties and taking into consideration the fact that both the parties are co-villagers and there is case and counter case between them and no specific allegation has been leveled against the petitioners, I am inclined to grant anticipatory bail to all the petitioners. Accordingly, 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) with two sureties of the like amount each to the satisfaction of the learned ACJM Sasaram in connection with Suryapura P.S. Case No. 48 of 2019 subject to the conditions as mentioned under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U