Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58888 of 2019 Arising Out of PS. Case No.-552 Year-2018 Thana- AMARPUR District- Banka ====================================================== 1.

Manoj Singh, Son of Late Jharu Singh Resident of Village - Maldeochak, P.S.- Amarpur, Dist.- Banka.

2.

Krishna Singh, Son of Manoj Singh Resident of Village - Maldeochak, P.S.- Amarpur, Dist.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swapnil Kumar Singh For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 325, 307, 385, 504 and 506 of the IPC. It is alleged that all the accused persons including the petitioners assaulted the informant and his family members. It is submitted by learned counsel for the petitioners that accusation of assaulting the informant and his family members is omnibus and general against all the accused persons including the petitioners and the injury has been found simple in nature. Moreover, similarly situated co-accused, Yogendra Singh and

Patna High Court CR. MISC. No.58888 of 2019(3) dt.16-11-2019 2/3 Dileep Singh have been granted anticipatory bail by a Coordinate Bench of this Court, vide order dated 18.07.2019, passed in Cr. Misc. No. 17795 of 2019, while other co-accused, Chandra Shekhar Azad Singh and Om Prakash Singh have been granted anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 16.08.2019, passed in Cr. Misc. No. 36566 of 2019. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the accusation against the petitioners is specific and they are named in the FIR. Considering the accusation against the petitioners, being omnibus and general, the injury, found simple in nature and other similarly situated co-accused persons being granted anticipatory bail by different Benches of this Court, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Banka in

Patna High Court CR. MISC. No.58888 of 2019(3) dt.16-11-2019 3/3 connection with Amarpur P.S. Case No. 552 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T