Bittu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68101 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- PIPRA District- East Champaran ====================================================== 1.

Bittu Kumar Singh S/o Mohan Singh Resident of Village- Chakwara, Bakhari, P.S.- Pipra, District- East Champaran. 2.

Vikash Kumar Singh S/o Mohan Singh Resident of Village- Chakwara, Bakhari, P.S.- Pipra, District- East Champaran. 3.

Mohan Singh S/o Late Rajdhari Singh Resident of Village- Chakwara, Bakhari, P.S.- Pipra, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Pipra P.S. Case No. 114 of 2020, registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

Prosecution case in brief is that all the accused persons named in the FIR including petitioners are alleged to have abused and assaulted the informant by means of Farsa, lathi, danda and iron rod. When Pintu Kumar Singh, Lalbabu Singh and Sanjay Singh came to rescue the informant, then petitioner no. 1 inflicted Farsa blow on Sanjay Singh causing

Patna High Court CR. MISC. No.68101 of 2021(2) dt.18-07-2022 2/2 injury near his eyebrow. Petitioner no. 2 and 3 snatched gold hanuman locket from the neck of informant.

It is submitted that injury sustained by Sanjay Singh which is attributed to petitioner no. 1 is found to be simple in nature. So far petitioner nos. 2 and 3 are concerned, there is general and omnibus allegation of snatching gold locket which is superfluous and ornamental. There is case and counter case. Present case is counter blast of Pipra PS Case No. 115 of 2020 which was filed by the petitioners against family members of informant. Petitioners claim clean antecedents. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No. 114 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T