Surya Singh @ Suraj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58722 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- KARAKAT District- Rohtas ====================================================== 1.
SURYA SINGH @ SURAJ SINGH Son of Late Sh. Sheojee Singh Resident of Village- kahuwara, Police Station- Bikramganj, District- Rohtas. 2.
Madan Singh Son of Sh. Shiv Janam Yadav Resident of Village- Kahuwara, Police Station- Bikramganj, District- Rohtas. 3.
Kishore Kumar Singh Son of Sh Ram Dular Singh Resident of VillageKahuwara, Police Station- Bikramganj, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Karakat Police Station Case No. 211 of 2018, disclosing offences under Sections 147/148/149/341/323/307/504/506 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, as per the First Information Report, is that the petitioners, along with others, armed with lathi, danda and other weapons, started making road over the raiyati land of the informant and when they were prevented by the informant and other villagers, the accused persons, including
Patna High Court CR. MISC. No.58722 of 2019(2) dt.17-09-2019 2/3 the petitioners, assaulted the villagers of Kahuwara village and also started firing with intention to kill the villagers. It has further been alleged that Amit Kumar, Chandan Mahto and Babu Nand Singh received injuries and were treated in private hospitals.
Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case inasmuch as the occurrence has taken place on 07.11.2018 and the First Information Report has been lodged after a delay of 10 days on 17.11.2018 and that too, when the First Information Report, bearing Karakat Police Station Case No. 210 of 2018, was lodged by petitioner no. 1 on 16.01.2018 against the informant and others. He also submits that there is no specific allegation against the petitioners. He further submits that similarly situated co-accused persons have been granted anticipatory bail by this Court by order, dated 13.08.2019, passed in Criminal Misc. No. 49944 of 2019.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is no specific allegation against the petitioners and similarly situated co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioners privilege of
Patna High Court CR. MISC. No.58722 of 2019(2) dt.17-09-2019 3/3 anticipatory bail.
This application is, accordingly, allowed.
Let the petitioners, above named in the event of their arrest or surrender before the Court below within four weeks, be released on 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 Sub Divisional Judicial Magistrate, Bikramganj (Rohtas), in connection with Karakat Police Station Case No. 211 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √