Nand Kishore Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49371 of 2017 Arising Out of PS. Case No.-61 Year-2017 Thana- MARKAHI District- Khagaria ======================================================
1. Nand Kishore Singh son of Late Bidesh Singh
2. Bhagirathi Singh son of Late Bideshi Singh
3. Chhanguri Singh son of Late Bideshi Singh
4. Amit Kumar son of nand Kishor Singh
5. Premjeet Kumar son of Chhanguri Singh
6. Arvind Kumar son of Jhingar Singh
7. Bikash Kumar son of Bhagirathi Singh
8. Rishi Kumar son of Janak Singh all R/o village- Marar uttar, P.S.- Morkahi, district- Khagaria ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar Agrawal For the Opposite Party/s :
Mr. SRI PARMESHWAR MEHTA ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners submits that petitioners no. 2, 3 and 5 namely Bhagirathi Singh, Chhanguri singh and Premjeet Kumar have been arrested by the Police during the pendency of this application and as such the prayer of anticipatory bail on their behalf has become infructuous and permission has been sought to withdraw this application on their behalf.
Prayer is allowed. Accordingly, this application on behalf of petitioners no. 2, 3 and 5 is dismissed as withdrawn. The petitioners apprehend their arrest in connection with Morkahi P. S. Case No. 61 of 2017 registered for the offences punishable under Sections 323, 341, 307, 379, 447, 504 and 506 of
Patna High Court Cr.Misc. No.49371 of 2017(2) dt.17-10-2017 2/2 the Indian Penal Code.
In the first information report there is specific allegation against Jhingar Singh to have assaulted the informant with iron rod on his head causing injury and bleeding and he fell down and then he took out Rs. 2500/-.
Submission is of false implication and that there is land dispute between the parties, the petitioners have got no criminal antecedent, against them there is no specific allegation, the allegation is omnibus and general in nature and as such the petitioners deserve sympathetic consideration.
Learned APP fairly submits that the specific allegation is against Jhingar Singh.
In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria in connection with Morkahi P. S. Case No. 61 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. avin/- (Jitendra Mohan Sharma, J) U