Patna High CourtCR. MISC./29767/2016rejected

Biru Singh And ORS v. The State Of Bihar

2016-10-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29767 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -HISUA District- NAWADA ======================================================

1. Biru Singh, Son of Late Bale Singh,

2. Bigan Kumar, Son of Nawal Singh.

3. Chunnu Singh, son of Aditya Singh.

4. Rakesh Singh, son of Sunil Singh.

5. Pawan Singh, Son of Naresh Singh.

6. Satyendra Singh @ Chutar son of Ram Singh. All are residents of Village- Ariyan, P.S. Hisua, District- Nawada. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Vibhuti Ranjan Sonvadra, Advocate.

For the Opposite Party : Mr. Gauri Shankar Gupta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2016 Heard learned counsel for the petitioners and nobody appears on behalf of the State.

The investigating officer has filed the show-cause in pursuance of the order dated 05.09.2016 along with the injury report of the injured.

The petitioners 1 to 5 apprehend their arrest in Hisua P.S. Case No. 90 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that he had gone to Darwaja of Ashok Singh but Biru Singh, petitioner no. 1 took to his house thereafter all the accused persons brutally assaulted him making

Patna High Court Cr.Misc. No.29767 of 2016 (4) dt.21-10-2016 2/2 allegation of a thief.

Learned counsel for the petitioners submits that during course of investigation the witnesses did not support the story of calling the informant in the house of Biru Singh, petitioner no. 1, but they have stated that some altercation took place. It appears that the informant alleged that all the petitioners brutally assaulted him with hard blunt object and from perusal of the injury report it appears that bones of hands of the informant were found fractured. Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioners, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, their prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T