Awadesh Kumar @ Awadesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67560 of 2019 Arising Out of PS. Case No.-28 Year-2015 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
Awadesh Kumar @ Awadesh Singh, S/o Madhu Hazara @ Late Madhu Hazara R/O Vill Sikandarpur (Chandpur), P.S. Sangrampur, Dist. E. Champaran.
2.
Rajesh Kumar @ Rajesh Singh S/o Madhu Hazara @ Late Madhu Hazara R/O Vill Sikandarpur (Chandpur), P.S. Sangrampur, Dist. E. Champaran. 3.
Akhilesh Kumar @ Akhilesh Singh S/O Madhu Hazara @ Late Madhu Hazara R/O Vill Sikandarpur (Chandpur), P.S. Sangrampur, Dist. E. Champaran.
4.
Ranjana Devi W/O Late Madhu Hazara @ Madhu Hazara R/O Vill Sikandarpur (Chandpur), P.S. Sangrampur, Dist. E. Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhannjay Kumar No 2 For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-11-2019 Heard leaned counsel for the petitioners and the leaned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sangrampur P.S. Case No. 28 of 2015, registered under Section 341, 324, 325, 307 and 302/34 of the Indian Penal Code, pending in the court of the A.C.J.M-XIV, Motihari, E. Champaran.
The accusation is that on 13.03.2015, informant Radhamohan Singh along with his three sons went in the
Patna High Court CR. MISC. No.67560 of 2019(2) dt.15-11-2019 2/3 orchard for sprinkle of medicine on the plant and tree. At that time, eight persons named in the F.I.R. including the petitioners and some other unknown variously armed with weapons attacked on him and his sons and started to cause assault through sword, Farsa and Garansa and firing was also made. Thereafter, they moved from there after realizing that all have died. Thereafter, villagers rushed there and brought them at Sangarmpur P.H.C. from where they were referred to Sadar Hospital, Motihari, where his son Niranjan Singh declared dead while his other sons are under treatment.
Learned counsel appearing on behalf of petitioners submits it would appear from the F.I.R. that while eight persons are named in the F.I.R., including the petitioner to cause assault to informant and his sons, but no specific overt act has been attributed against the petitioners.
Having considered the facts and circumstances of the case and the nature of offence, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the
Patna High Court CR. MISC. No.67560 of 2019(2) dt.15-11-2019 3/3 order of this Court.
(Rajendra Kumar Mishra, J) manish/- U T