Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1656 of 2022 Arising Out of PS. Case No.-392 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== 1.

AJAY KUMAR SINGH Son of Late Ram Ekbal Singh Resident of VillageSursand, Ward No.-12, P.S.-Sursand, District-Sitamarhi. 2.

Sanjeet Kumar Singh Son of Late Ram Ekbal Singh Resident of VillageSursand, Ward No.-12, P.S.-Sursand, District-Sitamarhi. 3.

Chandan Kumar Singh @ Chandan Kumar Son of Late Ram Ekbal Singh Resident of Village-Sursand, Ward No.-12, P.S.-Sursand, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Garg, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 447, 323, 324, 307, 379, 506 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that on dispute over property, the accused persons assaulted the informant and family members due to which they sustained injuries. It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.1656 of 2022(2) dt.08-04-2022 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The F.I.R. has been instituted after three days of the alleged occurrence. The delay has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Pupri, Sitamarhi in connection with Sursand P.S. Case No. 392 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T