Patna High CourtCR. MISC./58274/2023allowed

Asha Nand Singh v. The State Of Bihar

2023-09-20Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58274 of 2023 Arising Out of PS. Case No.-369 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.

Asha Nand Singh son of Keshi Singh Village- Sinha P.S.- Barhara District - Bhojpur 2.

Harendra Singh son of Keshi Singh Village- Sinha P.S.- Barhara District - Bhojpur 3.

Gupteshwar Singh son of Harendra Singh Village- Sinha P.S.- Barhara District - Bhojpur 4.

Rohit Singh son of Harendra Singh Village- Sinha P.S.- Barhara District - Bhojpur 5.

Raushan Singh @ Roshan Singh son of Harendra Singh Village- Sinha P.S.- Barhara District - Bhojpur 6.

Raajat Singh @ Rajat Singh son of Asha Nand Singh Village- Sinha P.S.- Barhara District - Bhojpur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Dharmesh Kumar Shrivastava, Advocate For the Informant :

Mr. Raju Kumar Singh, Advocate For the State :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Barhara (Sinha O.P.) P.S. Case No. 369 of 2023 registered for the offence punishable under Sections 147, 148, 149, 323, 326, 341, 307, 379, 504 and 506 of the Indian Penal Code.

3. The allegation against all the accused persons

Patna High Court CR. MISC. No.58274 of 2023(2) dt.20-09-2023 2/3 including the petitioners is that they committed loot pat and when the informant raised objection petitioner No. 6 and 3 assaulted the informant and his brother with knife.

4. Learned counsel for the petitioners submits that there is case and counter case between the parties due to free fight on the objection of dance party. The injuries to the injured are simple in nature which do not corroborate the prosecution case. Petitioners are innocent and have falsely been implicated in this case. Learned counsel for the petitioners further submits that alleged occurrence took place on 11.06.2023 and the F.I.R. was lodged on 14.06.2023 without any reasonable explanation for the delay which creates doubt on prosecution case. Petitioners have one criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon 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., Bhojpura at Ara in connection with Barhara

Patna High Court CR. MISC. No.58274 of 2023(2) dt.20-09-2023 3/3 (Sinha O.P.) P.S. Case No. 369 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) shweta/- U T