Pramod Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29961 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================
1. Pramod Kumar Singh, Son of Ram Deo Singh.
2. Surendar Singh, Son of Budhu Singh.
3. Hira Lal Singh, Son of Lal Singasan Singh.
4. Paras Singh, Son of Late Jai Govind Singh.
5. Ram Pukar Singh, Son of Ganesh Singh.
6. Subash Singh, Son of Binod Singh.
7. Jai Prakash Singh, Son of Ram Deo Singh.
8. Vikash Singh @ Vikash Kumar, Son of Jitendra Singh.
9. Ganesh Singh, Son of Late Magru Singh.
10. Rajendar Singh, Son of Ram Deo Singh.
11. Saheb Singh, Son of Late Bal Deo Singh.
All resident of Village- Chanka, Police Station- Nokha, District- Rohtas. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate. For the State : Smt. Suman Kumari Singh, A.P.P. For the informant : Mr. Nityanand Tiwary, Advocate. Mr. Mukesh Kumar, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-08-2018 Heard learned counsel for the petitioners, learned counsel for the informant and the State.
The petitioners apprehend their arrest in Nokha P.S. Case No. 30 of 2018 instituted for the offence under Sections 147, 148, 341, 323, 324, 307, 379, 354, 448 and 504 of the Indian Penal Code.
Counsel for the petitioners submits that there is land dispute between the parties. There is case and counter case
Patna High Court Cr.Misc. No.29961 of 2018 (4) dt.01-08-2018 2/3 between them. The instant case is counter blast of Nokha P.S. Case No. 29 of 2018 lodged by petitioner No. 10 against the informant and others.
In the instant case it is alleged that petitioners along with other accused persons arrived and assaulted the informant and his family members with lathi, danda and other weapons. Case diary has been received.
The injury report of the injured persons is available in the case diary. The injury found on the person of Madan Singh was grievous in nature caused by hard and blunt substance. The injury No. 1 found on the person of Chandrama Singh was also grievous in nature whereas injuries found on the person of rest of the injured were simple in nature.
From the written report itself it appears that there is allegation that all these petitioners assaulted the informant with lathi but no specific allegation has been attributed to any of the petitioners.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Nokha P.S. Case No. 30 of 2018, they shall be released on anticipatory bail on furnishing
Patna High Court Cr.Misc. No.29961 of 2018 (4) dt.01-08-2018 3/3 bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T