Golu Singh @ Vivek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71805 of 2022 Arising Out of PS. Case No.-368 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

GOLU SINGH @ VIVEK KUMAR SINGH Son of Hitendra Singh R/VRanna, P.S- Sadar (Bhalpatti O.P.) Dist- Darbhanga 2.

Ankit Singh Son of Arbind Singh R/V- Ranna, P.S- Sadar (Bhalpatti O.P.) Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Jha Raman, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Sadar (Bhalpatti O.P.) P.S. Case No. 368 of 2022 for the offence registered under Sections 147, 148, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The allegation is regarding the accused persons including the petitioners herein having arrived at the land of the informant, who was engaged in constructing pillar for his house, whereafter they had started assaulting the informant and his family members. As far as the petitioners are concerned, they are stated to have assaulted one Manish Singh.

The learned counsel for the petitioners has

Patna High Court CR. MISC. No.71805 of 2022(2) dt.29-04-2023 2/3 submitted that the petitioners are innocent, they have been falsely implicated in the present case and are having clean antecedent. The learned counsel for the petitioners has further submitted, by referring to the impugned order dated 10.11.2022, that the doctor has found merely a swelling on the left wrist of Manish Singh and the said injury is not serious in nature, hence a lenient view be taken qua the petitioners herein. It is also submitted that other two co-accused persons, upon whom allegations have been levelled of inflicting iron rod blow and causing injuries on the family members of the informant, have already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 28.03.2023 passed in Criminal Miscellaneous No. 74382 of 2022.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the

Patna High Court CR. MISC. No.71805 of 2022(2) dt.29-04-2023 3/3 petitioners and taking into account the materials available on record as also considering the parity of the case of the petitioners with that of the coaccused persons who have already been granted bail by a Co-ordinate Bench of this Court, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sadar (Bhalpatti O.P.) P.S. Case No. 368 of 2022 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/SonalU T