Upendra Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.22653 of 2015 (2) dt.09-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22653 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -PARAIYA District- GAYA ======================================================

1. Upendra Singh

2. Satendra Singh

3. Ranjeet Singh, All sons of Chandrika Singh

4. Pintu Singh, Son of Mundrika Singh

5. Mandeep Singh @ Mandeep Kumar

6. Uday Singh, Both sons of Late Babudas Singh

7. Sudhir Singh

8. Kaila Singh @ Dharamraj, Both sons of Sundar Singh

9. Sanjeet Singh, Son of Ajay Singh, All resident of village- Bagahi, P.S.- Paraiya, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.07.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

At the very outset, it is informed that petitioner no.3, namely, Ranjeet Singh and petitioner no.6, namely, Uday Singh have already been arrested and as such their prayer for anticipatory bail stands dismissed being infructous. So far rest petitioners are concerned, it is alleged that they assaulted the informant and his father by means of different weapons.

Learned counsel for the petitioners drew my attention

Patna High Court Cr.Misc. No.22653 of 2015 (2) dt.09-07-2015 towards annexure 2 series to the petition and submitted that the informant- Shambhu Sharma sustained two injuries said to be caused by hard and blunt substance and simple in nature and similarly, father of the informant, too, sustained two injuries said to be caused by hard and blunt substance and simple in nature. It is contended by him that there is case and counter case between the parties and it is unbelievable that if a person is assaulted by altogether nine persons, the said person will sustain only two injuries.

On the other hand, learned counsel for the informant submitted that the informant and his father sustained serious injuries but the doctor, in collusion with the petitioners, gave wrong report.

Accordingly, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let petitioner nos.1, 2, 4, 5,7, 8 and 9 namely, Upendra Singh, Satendra Singh, Pintu Singh, Mandeep Singh @ Mandeep Kumar, Sudhir Singh, Kaila Singh @ Dharamraj and Sanjeet Singh be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Smt. Kalpana Srivastava, Judicial Magistrate, Ist Class, Gaya/concerned court in Paraiya P.S. Case no. 28/2015 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T