Rajesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56607 of 2022 Arising Out of PS. Case No.-229 Year-2020 Thana- RAJAON District- Banka ====================================================== 1.
Rajesh Singh S/O Chandar Singh Resident Of Village - Bhusiya, P.S.- Rajoun, District- Banka 2.
Bikash Kumar S/O Rambahal Singh Resident Of Village - Bhusiya, P.S.- Rajoun, District- Banka 3.
Sunil Kumar Singh S/O Shankar Singh Resident Of Village - Vamdev, P.S.- Rajoun, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance:
For the Petitioner/s :
Mr. Vibhakar Kumar, Advocate For the Opposite Party :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-01-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Rajoun P.S. Case No. 229 of 2020 for the offence registered under Sections 147, 149, 341, 323, 447, 379, 337, 338, 307, 324, 504 and 506 of the Indian Penal Code.
As per the prosecution story, the informant alleged that due to land dispute, the accused persons came armed variously and assaulted the family members including his daughter-in-law causing injuries. The specific allegation against petitioner no. 3 Sunil Kumar Singh is of assaulting Subodh Kumar Singh.
Patna High Court CR. MISC. No.56607 of 2022(2) dt.23-01-2023 2/2 Learned APP for the State opposes the prayer for bail. Considering the allegation that has come against petitioner no. 3 Sunil Kumar Singh, this Court is not inclined to extend the privilege of anticipatory bail to him which is accordingly rejected.
So far as petitioner no. 1 and 2 are concerned, considering that they do not have criminal antecedent and omnibus nature of assault is on record against them, this Court is inclined to grant them the privilege of anticipatory bail.
In the aforesaid circumstances the petitioner no. 1, Rajesh Singh and petitioner no. 2, Bikash Kumar in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 229 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Rajiv Roy, J) Shahnawaz/VatsU T