Chhotu Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58920 of 2018 Arising Out of PS.Case No. -213 Year- 2018 Thana -GOPALPUR District- BHAGALPUR ======================================================
1. Chhotu Kumar, Son of Tarni Singh.
2. Tarni Singh, Son of Late Jiya Lal Singh, Both Residents of VillageMurli, P.S. Rangra O.P., District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.
Learned counsel for the petitioners submits that petitioner no.2 (Tarni Singh) has died and as such this application has been rendered infructuous.
In such view of the matter, the present application is dismissed as having become infructuous against the petitioner no.2.
The petitioner no.1 seeks anticipatory bail in Gopalpur (Rangra) P.S. Case No.213 of 2018 instituted for the offences under Sections 147, 148, 149, 341, 342, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. Allegation has been made against the petitioner in the
Patna High Court Cr.Misc. No.58920 of 2018 (2) dt.08-10-2018 2 /3 night at 11:00 PM on 10.06.2018 alongwith Tarni Singh, Pappu Singh and other accused persons came and surrounded the family members of the informant and started firing in discriminate manner, on that account all the family members having scared and have rushed to the house, the informant was caught. Allegation has been made that Tarni Singh caused injury on the head of the informant by Masket, Chotu Singh assaulted with butt and fists and Pappu Singh assaulted with butt of rifle and after sometimes time informant became unconscious.
Learned counsel for the petitioner submits that there is also a concocted version and for that Renu Devi from the side of accused persons filed another case as Gopalpur (Rangra) P.S. Case No. 216 of 2018 dated 11.06.2018, in which timing was given at 10:00 O'clock in the night on the same. The informant's sides, namely, Devendra Singh, Mahendra Singh and other accused persons came with lethal weapons and started hurling abuses and said that they have kept Tarni Singh in her house and told to bring him out otherwise they will face dire consequences.
Learned counsel for the petitioner submits that they came in the night and they have assaulted Renu Devi and others and
Patna High Court Cr.Misc. No.58920 of 2018 (2) dt.08-10-2018 3 /3 on return they have lodged a concocted case.
It appears from the First Information Report that the manner of occurrence in the present case only indicates that they terrorizef the persons and also assaulted the female inmates.
In such view of the matter, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of four weeks from today, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court. (Shivaji Pandey, J) Vinay/Sunny U T