Siya Ram Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68779 of 2024 Arising Out of PS. Case No.-113 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Siya Ram Singh Son of Awadhesh Singh R/V- Village- Nadiyanwa, P.S.- Ramgarh Chowk, Distt.- Lakhisarai 2.
Raushan Singh @ Raushan Kumar Son of Binay Prasad Singh R/V- VillageNadiyanwa, P.S.- Ramgarh Chowk, Distt.- Lakhisarai 3.
Gunjan Singh @ Gunjan Kumar @ Amol Kumar Son of Binay Prasad Singh R/V- Village- Nadiyanwa, P.S.- Ramgarh Chowk, Distt.- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar, Adv.
For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 113 of 2018 registered under Sections 341, 323, 307, 379, 427, 504 and 506/34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons including these petitioners assaulted informant by means of iron rod and lathi and took away Rs. 5,000/- from the shop and fled away.
4. Learned counsel appearing on behalf of the petitioners
Patna High Court CR. MISC. No.68779 of 2024(2) dt.23-10-2024 2/2 submits that allegation of assault is general and omnibus. The injuries allegedly caused by these petitioners are simple in nature. Police after thorough investigation submitted chargesheet under Sections 341, 323, 427, 504, 506 and 34 of the Indian Penal Code. However, differing with the same, the Court below has taken cognizance under Section 307 of the Indian Penal Code.
5. Learned A.P.P. appearing on behalf of the State opposed the bail application.
6. Having considered the accusation as well as nature of injuries allegedly caused by these petitioners, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 113 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T