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Patna High CourtCR. MISC./68757/2018disposed

Ravi Kumar @ Ravi Singh And ORS v. The State Of Bihar

2018-12-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68757 of 2018 Arising Out of PS. Case No.-105 Year-2018 Thana- SANDESH District- Bhojpur ======================================================

1. Ravi Kumar @ Ravi Singh, Son of Sudarshan Singh

2. Dilip Kumar @ Dilip Kumar Singh, Son of Late Ram Shubhag Singh

3. Mahesh Kumar Singh @ Mahesh Kumar @ Mahesh Singh, Son of Upadhya Singh

4. Shankar Singh, Son of Devraj Singh All are Resident of VillageKholpur P.S. Sandesh Dist.-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 At the outset, it has been submitted that during pendency of this application, the petitioner No. 2 has already been arrested and hence, this application as against the petitioner No. 2 has become infructuous.

Accordingly, this application in respect of petitioner No. 2 is dismissed as withdrawn.

Heard learned counsel for rest petitioners, O.P. No. 2 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 379 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that while the informant was

Patna High Court Cr.Misc. No.68757 of 2018(2) dt.17-12-2018 2/2 in the way to market, the accused persons surrounded him and having snatched money from his pocket, they assaulted him. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is case and counter case between the parties. Free fight is alleged to have taken place. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State and O.P. No. 2 , it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner Nos. 1, 3 & 4, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhojpur at Ara in connection with Sandesh P.S. Case No. 105 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T