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Patna High CourtCR. MISC./70340/2024allowed

Vinay Singh v. The State Of Bihar

2024-10-25Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70340 of 2024 Arising Out of PS. Case No.-288 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Vinay Singh, Son of Nagendra Singh, Village- Shankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran 2.

Guddu Singh @ Ashok Singh, Son of Prem Nath Singh, Village- Shankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran 3.

Manejar Singh Son of Ram Dutt Singh, Village- Shankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran 4.

Mukesh Singh @ Mukesh Kr. Singh, Son of Ram Ekbal Singh, VillageShankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran 5.

Raju Singh @ Raju Kumar, Son of Nagendra Singh, Village- Shankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran 6.

Ranjan Singh, Son of Ram Nath Singh, Village- Shankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran 7.

Rakesh Singh @ Rakesh Kumar Singh, Son of Ramdayal Singh, VillageShankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran 8.

Jitendra Singh @ Jitendra Kumar, Son of Manejar Singh, Village- Shankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran 9.

Nagendra Singh Son of Late Jagdish Singh, Village- Shankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran 10.

Rambabu Singh, Son of Enar Singh, Village- Shankar Saraiya Tansariya, PsTurkauliya, Dist- East Champaran 11.

Dinesh Singh, Son of Ram Dyal Singh, Village- Shankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran 12.

Rajesh Singh, Son of Ram Dayal Ram, Village- Shankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran 13.

Badal Singh @ Badal Kumar, Son of Rajesh Singh, Village- Shankar Saraiya Tansariya, Ps- Turkauliya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Alka Singh, Advocate For the opposite party :

Mr.Amitesh Kumar, APP Mr. Nafisuzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

Patna High Court CR. MISC. No.70340 of 2024(2) dt.25-10-2024 2/3 25-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Turkauliya P.S. Case No. 288 of 2024 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that altogether 20 accused persons being armed with weapon arrived and stopped the construction of Panchayat Bhawan. It is further alleged that on the order of Bachcha Singh, Ajit Singh fired.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of the F.I.R. itself, it is clear that the petitioners are only the members of mob. There is no allegation of any overt act. Petitioner no.11 is having one criminal antecedent and other petitioners are having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

Patna High Court CR. MISC. No.70340 of 2024(2) dt.25-10-2024 3/3

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Turkauliya P.S. Case No. 288 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T