Chunchun Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.52004 of 2015 (3) dt.19-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52004 of 2015 Arising Out of PS.Case No. -277 Year- 2015 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Chunchun Singh,

2. Munchun Singh, Both are Sons of Brijnandan Singh @ Nepali Singh, Resident of Village- Pinjari, P.S. Barbigha in the District of Sheikhpura .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjeev Kumar, Advocate For the Opposite Party : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Barbigha P.S. Case No. 277 of 2015 for the offences instituted under Sections 147, 148, 149, 323, 448, 324, 307, 380, 427, 504 and 506 of the Indian Penal Code and Sections 3(1)(x) of the SC/ST Act.

The allegation against the petitioners along with other co-accused is of general and omnibus assault and also taking away of Rs.5,000/- and jewellery after breaking the box in the house of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. From perusal of the

Patna High Court Cr.Misc. No.52004 of 2015 (3) dt.19-02-2016 injury report, it appears that none of the injuries are grievous in nature, hence, no offence under Section 307 of the Indian Penal Code is made out. As far as the provision under Sections SC/ST Act is concerned, the same is not attracted as the alleged occurrence has not taken place in the public view. The other coaccused has been granted bail by this Court vide Cr.Misc.47588 of 2015.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Barbigha P.S. Case No. 277 of 2015 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 ACJM, Sheikhpura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T