Deepak Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29147 of 2017 Arising Out of PS.Case No. -145 Year- 2017 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Deepak Kumar, son of Rabindra Singh.

2. Sharawan Kumar, son of Suresh Kumar.

3. Chandan Kumar, son of Upendra Singh.

4. Avanish Kumar @ Abinash Kumar, son of Ramanuj Singh @ Anuj Singh.

5. Raushan Kumar, son of Vijay Singh.

6. Pappu Singh, Son of Rambalak Singh.

All resident of Village- Ahiyapur, P.S.- Barbigha, District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Anjani Pd. Singh, Advocate. For the Opposite Party/s : Mr. Md. Mushtaque Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-07-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Barbigha P. S. Case No. 145 of 2017 instituted under Sections 147, 148, 307, 323, 341, 379, 384, 386, 504 and 506 of the Indian Penal Code.

The allegation, in brief, is that informant's side opposed Pappu Singh, one of the petitioners, in Mukhiya Election, as he was one of the candidates and due to that account all the accused persons assaulted the informant, while he was going to open his shop, causing injury to him and also committed theft. It is

Patna High Court Cr.Misc. No.29147 of 2017 (2) dt.13-07-2017 2/2 also alleged that these accused persons were extorting Rs. 50/- from each truck standing by the road side.

It is submitted that petitioner no. 6, Pappu Singh, contested Mukhiya election and due to political rivalry, this false allegation is levelled and no injury on the person of the informant was found and there is no any complaint by any truck driver regarding collecting money and these petitioners have no criminal antecedent.

Having considered the aforesaid facts and circumstances, let the petitioners, namely, Deepak Kumar Sharawan Kumar, Chandan Kumar, Avanish Kumar @ Abinash Kumar, Raushan Kumar and Pappu Singh in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Sheikhpura in connection with Barbigha P.S.Case No. 145 of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U