Ramesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1330 of 2017 Arising Out of PS.Case No. -326 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Ramesh Singh S/o Jaglal Singh

2. Arun @ Bhim Kumar @ Arun Kumar S/o Ramesh Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2017 Heard both sides.

The petitioners apprehend their arrest in Chapra Muffasil P.S. case No. 326 of 2016 under Section 307 and other Sections of the Indian Penal Code.

Nageshwar Singh, the informant, alleged that he deposed in a case lodged by his father-in-law in which Ramesh Singh, petitioner No.1, had gone to jail. After coming out from jail Ramesh Singh was threatening the informant and others not to depose. On 03.09.2016 Ramesh Singh, his sons and others assaulted the informant. Ramesh Singh is said to have caught the informant and Arjun Singh stabbed in his abdomen and on eye brow.

The learned counsel for the petitioners submits that there is no specific allegation against Arun @ Bhim Kumar, petitioner No.2. From perusal of the injury report, it would appear

Patna High Court Cr.Misc. No.1330 of 2017 (2) dt.16-01-2017 2/2 that informant got two injuries caused by sharp edged weapon and no other injury was found on his person.

Considering the fact that there is specific allegation against the petitioner No.1, Ramesh Singh, that he caught the informant and thereafter Arjun Singh stabbed him, I am not inclined to enlarge the petitioner No.1 on anticipatory bail. Accordingly, the same is rejected.

So far as case of petitioner No.2 Arun @ Bhim Kumar @ Arun Kumar is concerned, there is no specific allegation against him.

Considering the facts aforesaid, the above named petitioner No.2, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in Chapra Muffasil P.S. Case No. 326 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T