Arjun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67045 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- DAWATH District- Rohtas ====================================================== 1.
ARJUN SINGH S/o Late Kailash Singh 2.
Nand Kishore Singh S/o Sri Arjun Singh 3.
Amit Kumar S/o Suresh Singh 4.
Ajit Kumar S/o Suresh Singh 5.
Nandji Singh S/o Ram Pravesh Singh 6.
Brajesh Kumar S/o Harendra Singh 7.
Dharmendra Kumar S/o Gupteshwar Singh 8.
Praveen Kumar @ Sunil Singh S/o Rajendra Singh 9.
Amrendra Kishore Singh @ Sudhir Singh S/o Rajendra Singh 10.
Shashi Kant Singh @ Shashi Kant S/o Kameshwar Choudhary All R/o village- Nababganj, P.S.- Dawath, District- Rohtas at Sasaram ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Singh, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 353 and 504 of the Indian Penal Code read with Section 27 of the Arms Act.
Learned counsel for the petitioners submits that petitioners have got criminal antecedent as detailed in para 3 of the anticipatory bail application.
Patna High Court CR. MISC. No.67045 of 2021(2) dt.21-07-2022 2/3 The informant alleges that on 01.06.2021 at 10:10 a.m. he received an information that the quarrel was going on in Kowath, accordingly, the informant reached the place of occurrence where he saw 100-150 unknown persons were standing variously armed and were pelting stones in front of the house of Pradeep Kumar Singh. After seeing the police, they started trowing stones on the police party also causing injury to the police personnel, namely, Sanjay Sharma and Vinod Kumar of their wrist and lips, thereafter, the miscreants fled away. Learned counsel for the petitioners submits that from perusal of the FIR, it would manifest that 14 persons are named in the FIR and about 100-150 are alleged to be unknown.
It is next submitted that the informant himself did not identify the accused persons, rather the named accused were identified by the family members of Pradeep Kumar Singh and the local Chawkidar. It is next submitted that the family members of Pradeep Kumar Singh along with the Chawkidar got the petitioners implicated in the present case. It is next submitted that it absolutely does not stand to reason that the local Chawkidar would not have identified any of the accused who were there along with the petitioners.
Patna High Court CR. MISC. No.67045 of 2021(2) dt.21-07-2022 3/3 Kumar Singh have selectively implicated the petitioners as they were on an inimical term with them. It is next submitted that the injuries sustained are simple in nature and the allegation is also not specific against any of the petitioners of committing any overt act.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Dawath P.S. Case No. 74 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T