Pakouri Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1369 of 2022 Arising Out of PS. Case No.-300 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== 1.

Pakouri Singh Son Of Kedar Singh R/O Village- Mahila, P.S.- Giriyak, Dist.- Nalanda 2.

Roushan Kumar Son Of Singan Singh R/O Village- Mahila, P.S.- Giriyak, Dist.- Nalanda 3.

Uttam Singh @ Uttar Singh Son Of Pakouri Singh R/O Village- Mahila, P.S.- Giriyak, Dist.- Nalanda 4.

Balmiki Singh Son Of Madho Singh R/O Village- Mahila, P.S.- Giriyak, Dist.- Nalanda 5.

Jhulan Singh Son Of Madho Singh R/O Village- Mahila, P.S.- Giriyak, Dist.- Nalanda ... ... Petitioners

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2022 Petition for pre-arrest bail of petitioner no. 1 and 5 is dismissed as withdrawn.

Heard learned counsel for the petitioner no. 2, 3 and 4 and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 353, 307, 504 and other allied sections of the Indian Penal Code. Prosecution's case in short is that when the police party proceeded with arrested co-accused/ petitioner no.1 (Pakauri Singh) who was absconding in Giriyak Police Station Case No. 299 of 2020, all the FIR named accused persons including the petitioners no. 2 to 4 abused the police men, pelted stones, bricks etc. and attacked on them with lathi, danda,

Patna High Court CR. MISC. No.1369 of 2022(2) dt.25-07-2022 2/2 etc. Accused persons managed to free petitioner no.1 from the police custody.

Learned counsel appearing for the petitioners no. 2 to 4 submits that the petitioners are innocent and have falsely been implicated in this case because they are relative of petitioner no. 1. There is general and omnibus allegation of abuse and assault against all the petitioners and no specific overt act has been alleged against them. No one sustained injuries in the incident.

Considering the aforesaid facts, in the event of arrest/surrender within six weeks from today, let the petitioners no. 2, 3 and 4, named above, be released 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 Additional Chief Judicial Magistrate I, Nalanda in Giriyak Police Station Case No. 300 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T