Gopal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69605 of 2022 Arising Out of PS. Case No.-251 Year-2022 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

Gopal Singh Son of Late Deonath Singh Resident of village - Pipariya, P.S.- Chand, District - Kaimur at Bhabua.

2.

Prabhakar Singh Son of Late Rajnath Singh Resident of village - Pipariya, P.S.- Chand, District - Kaimur at Bhabua.

3.

Shiv Narayan Singh Son of Ram Prasad Singh Resident of village - Pipariya, P.S.- Chand, District - Kaimur at Bhabua.

4.

Ram Prasad Singh Son of Late Paras Singh Resident of village - Pipariya, P.S.- Chand, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2023 At the outset, learned counsel for petitioners seeks permission to withdraw the anticipatory bail application with respect to Gopal Singh petitioner no. 1.

Permission is granted. The anticipatory bail application with respect to Gopal Singh petitioner no. 1 is dismissed as withdrawn.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner nos. 2, 3 and 4 apprehend their arrest in a case registered for the offences punishable under Section 302

Patna High Court CR. MISC. No.69605 of 2022(6) dt.05-05-2023 2/3 and other allied sections of the Indian Penal Code. As per the prosecution case, all the accused persons including petitioners having armed with lathi, danda, bhala etc. assaulted the son of informant Santosh Singh as a result of which he sustained injuries and fell down on the ground. Thereafter, on the order of Jai Prakash Singh, co-accused Gopal Singh broke the live electric wire with the help of Ballam held by him and electrocuted Santosh Singh, as a result of which he died on the spot.

It is submitted that specific accusation of electrocution is against co-accused Gopal Singh and so far as these petitioners are concerned, there is general and omnibus allegation. The alleged occurrence took place due to pending land dispute between the parties. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioner nos. 2, 3 and 4 above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 learned Chief Judicial Magistrate, Kaimur at

Patna High Court CR. MISC. No.69605 of 2022(6) dt.05-05-2023 3/3 Bhabua in connection with Chand P.S. Case No. 251 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T