Santosh Kumar Singh @ Santosh Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16002 of 2018 Arising Out of PS.Case No. -287 Year- 2017 Thana -RIGA District- SITAMARHI =====================================

1. Santosh Kumar Singh @ Santosh Kumar, S/o Late Rambali Singh,

2. Rahul Kumar Gaurav, S/o late Rambali Singh, Both R/o Village- Anhari, P.S.- Riga, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Jha, Adv. For the Opposite Party/s : Mrs. Mustaque Alam, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-04-2018 The petitioners seek bail in anticipation of their arrest in connection with Riga P.S. Case No. 287 of 2017, dated 11.10.2017, instituted for the offences punishable under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act. The petitioners, who are said to be the members of the mob, are alleged to have opened fire on the informant. However, it has been specifically stated by the informant that the firing resorted to by one Nishant Priyadarshi @ Nitu hit him in his hand, leading to injuries in his person.

Patna High Court Cr.Misc. No.16002 of 2018 (2) dt.09-04-2018 2/2 Learned counsel for the petitioner has submitted that the cause of dispute lay elsewhere. The petitioners happen to be the members of the minority group in the village and for the informant and others who had ransacked the house of the petitioners, a counter case also was lodged vide Riga P.S. Case No. 286 of 2017. The injuries suffered by the informant are said to be simple in nature. It has further been submitted that some of the other accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court.

Regard being had to the aforesaid facts as also taking into account that the petitioners do not have any criminal antecedents, this Court is inclined to enlarge them on anticipatory bail.

Let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sitamarhi in connection with Riga P.S. Case No. 287 of 2017. (Ashutosh Kumar, J) Praveen-II/- U T