Nikesh Singh @ Nikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73028 of 2022 Arising Out of PS. Case No.-1360 Year-2020 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.
Nikesh Singh @ Nikesh Kumar Son Of Shrikant Singh @ Srikant Singh R/O Village- Senduwar Ghusia Tola, Purab Tola, P.S.- Janta Bazar, DistrictSaran At Chapra 2.
Vikesh Singh @ Bikesh Singh @ Bikesh Kumar Son Of Shrikant Singh @ Srikant Singh R/O Village- Senduwar Ghusia Tola, Purab Tola, P.S.- Janta Bazar, District- Saran At Chapra 3.
Shrikant Singh @ Srikant Singh Son Of Late Marai Singh R/O VillageSenduwar Ghusia Tola, Purab Tola, P.S.- Janta Bazar, District- Saran At Chapra 4.
Surendra Singh Son Of Late Marai Singh R/O Village- Senduwar Ghusia Tola, Purab Tola, P.S.- Janta Bazar, District- Saran At Chapra ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Bhagwan Rai Son Of Late Babulal Rai R/O Village- Harpur Kothi, P.S.- Janta Bazar, District- Saran At Chapra ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Tiwary For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 392/34 of the Indian Penal Code and section 27 of the Arms Act. As per the complaint, on the alleged date and time of occurrence, while the complainant and his brother Ramji Rai were going to Dayalpur post office to buy NSC, on the way, the
Patna High Court CR. MISC. No.73028 of 2022(2) dt.23-03-2023 2/3 accused persons came and petitioner no. 1 put country made pistol on his chest and petitioner no. 2 snatched cash of Rs. 20,000/- from his pocket. When his brother Ramji Rai opposed, petitioner nos. 3 and 4 assaulted him with fist and slaps. It is submitted that entire allegation is false and concocted. Petitioner no. 1 is trainee of Lab technician, petitioner no. 2 is student of JP University and petitioner nos. 3 and 4 are farmers. There is contradiction in the complaint petition and SA on oath filed by the complainant. Complainant is a practicing advocate of Civil Court, Saran is in habit of filing false and frivolous case against petitioners only with a view to harass them. Earlier father of the complainant lodged false case against petitioners.
Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Saran at Chapra in connection with Complaint Case No. 1360 of 2020 corresponding to Trial No. 3016 of 2021, subject to the
Patna High Court CR. MISC. No.73028 of 2022(2) dt.23-03-2023 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T