Raghubir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65670 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== 1.

RAGHUBIR SINGH S/O LATE DEEP NARAYAN MANDAL Resident of village- hasanpur, P.S.- Hasanpur, District- Samastipur. 2.

BIJENDRA PRASAD SINGH S/O LATE SHIV DHAR SINGH Resident of village- hasanpur, P.S.- Hasanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Sharma, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 354, 307, 379, 504, 506/34 of the IPC.

Allegedly, the petitioners and other accused persons surrounded the informant and on the order of Bijendra Singh @ Bijal Singh (petitioner no.2), all the accused persons dragged the informant inside the house and after tying his hands and legs assaulted him by iron rod and Khanti. Petitioner no.1 and one Pawan Singh, encircled a rope around the informant's neck and started pulling the same.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.65670 of 2022(2) dt.17-01-2023 2/2 They have been falsely implicated in this case due to previous enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. The injuries are simple in nature. Petitioner no.1 has one criminal antecedent and petitioner no.2 has three criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Hasanpur P.S. Case No.71 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.