Ajay Singh @ Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71146 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- PATAHI District- East Champaran ====================================================== 1.

Ajay Singh @ Ajay Kumar Singh S/O Late Rash Narayan Singh Resident of village- Rupani, P.S- Patahi, District- East Champaran 2.

Amit Kumar Singh S/O Amrendra Singh Resident of village- Rupani, P.SPatahi, District- East Champaran 3.

Ravi Ranjan Singh @ Ravi Ranjan Kumar @ Runjhun Singh S/O Ajay Singh @ Ajay Kumar Singh Resident of village- Rupani, P.S- Patahi, District- East Champaran 4.

Tuntun Pandey @ Tuntun Kumar Pandey S/O Pramod Pandey Resident of village- Rupani, P.S- Patahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the State :

Mr. Mushtaque Alam, APP For the Informant :

Mr. Pramod Kumar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. Learned counsel for the petitioner submits that he will not press this application with regard to petitioner no. 2 and seeks permission to withdraw this application with regard to petitioner no. 2.

3. Permission is granted.

4. Accordingly, this application with regard to petitioner no. 2 is dismissed as withdrawn.

5. Now, this application is being heard only with

Patna High Court CR. MISC. No.71146 of 2024(2) dt.23-10-2024 2/3 regard to petitioners no. 1, 3 and 4.

6. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

7. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

8. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant and his family members.

9. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. He submits that there is case and counter case between the parties and both sides have sustained injuries. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

10. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submitted that one of the injured person has sustained grievous injury.

Patna High Court CR. MISC. No.71146 of 2024(2) dt.23-10-2024 3/3

11. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners no. 1, 3 and 4, let the above named petitioners no. 1, 3 and 4, 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, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Patahi P.S. Case No.157 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

12. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T