Guddu Singh @ Gudu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62654 of 2019 Arising Out of PS. Case No.-123 Year-2019 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

GUDDU SINGH @ GUDU SINGH Son of Rama Nand Singh Resident of Village - Kanai, P.S.- Charpokhari, Distt - Bhojpur. 2.

Umesh Singh Son of Wakil Singh Resident of Village - Kanai, P.S.- Charpokhari, Distt - Bhojpur.

3.

Dipak Singh Son of Radhe Shyam Singh Resident of Village - Kanai, P.S.- Charpokhari, Distt - Bhojpur.

4.

Shibu Singh Son of Bir Bahadur Singh Resident of Village - Kanai, P.S.- Charpokhari, Distt - Bhojpur.

5.

Uday Singh Son of Arun Kumar Singh Resident of Village - Kanai, P.S.- Charpokhari, Distt - Bhojpur.

6.

Rabi Kumar Singh Son of Manoj Singh Resident of Village - Kanai, P.S.- Charpokhari, Distt - Bhojpur.

7.

Suraj Prakash @ Bittu Singh @ Bittu Kumar Singh Son of Shyam Singh Resident of Village - Kanai, P.S.- Charpokhari, Distt - Bhojpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Charpokhari P.S. Case No. 123 of 2019 registered under Sections 147, 148, 149, 341, 323, 307, 332, 337, 338, 353, 504 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioners submits that as

Patna High Court CR. MISC. No.62654 of 2019(4) dt.22-01-2020 2/3 per allegations after the meeting was over, the two parties indulged in throwing bricks and stones as also they started firing upon the police force but none of the shot fired by the miscreants hit the police party, no injury has been caused to them. Learned counsel submits that there are allegations against altogether 16 named and 60 unnamed persons but no specific allegation of committing any overt act is there against these petitioners and further submits that these petitioners have no criminal antecedent.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that as per allegations after the meeting was over, the two parties indulged in throwing bricks and stones as also they started firing upon the police force but none of the shot fired by the miscreants hit the police party, no injury has been caused to them, there are allegations against altogether 16 named and 60 unnamed persons but no specific allegation of commiting any overt act is there against these petitioners and further that these petitioners have no criminal antecedent, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand

Patna High Court CR. MISC. No.62654 of 2019(4) dt.22-01-2020 3/3 only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Charpokhari P.S. Case No. 123 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T