Santosh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69030 of 2018 Arising Out of PS. Case No.-284 Year-2018 Thana- DAUDNAGAR District- Aurangabad ======================================================

1. Santosh Singh.

2. Bhim Singh. Both are sons of Late Ram Nath Singh Resident of Village-Shital Bigha, Police Station-Daudnagar, Distt.- Aurangabad.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Tej Narayan Singh,Advocate.

For the Opposite Party :

Mr. Md. Ashlam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 149, 323, 337, 307, 224, 225, 332, 333, 353 and 504 of the IPC. The prosecution story, in brief, is that on 16.08.2018, the informant S.I. Anil Kumar Singh alongwith police forces started from the police station to conduct raid against wanted criminals. While he went to execute a process of attachment against Mukesh Kumar, Mukesh Kumar and his family members began to miff up and abused the police and got Mukesh Kumar free from the custody. They branded the police as thieves and raised halla of Chor-Chor the people started pelting stones on the police.

Patna High Court Cr.Misc. No.69030 of 2018(2) dt.30-11-2018 2/2 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. From bare perusal of F.I.R., it is evident that none is said to have been injured in course of occurrence. No offence under Section 307 of the IPC is made out.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of 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/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad, in connection with Daudnagar P.S. Case No. 284 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T