Brajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64159 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

Brajesh Singh, Son of Late Shambhu Singh @ Holi Singh, Resident of Village - Gothani, P.S.- Rafiganj, Distt - Aurangabad. 2.

Anuj Kumar, Son of Brajesh Singh, Resident of Village - Gothani, P.S.- Rafiganj, Distt - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Rafiganj P.S. Case No. 149 of 2019, registered under Sections 341, 323, 506 and 436/34 of the Indian Penal Code. The accusation is that in the night of 17.06.2019, the police seized the illicit liquor from the latrin room of Government School situated in the village of informant, Mukesh Singh. Thereafter, four persons named in the F.I.R. including the petitioners put on fire in the poultry farm of the informant. While the informant made protest then his younger brother Ankesh Kumar, Piyush and Saloni Kumari started to cause

Patna High Court CR. MISC. No.64159 of 2019(2) dt.22-10-2019 2/2 assault through lathi and Ashok Singh pointed the pistol and threatened him of fire consequences.

Learned counsel for the petitioners submits that petitioner no. 1 is own brother and petitioner no. 2 is nephew of the informant and both have falsely been implicated in this case with ulterior motive. Further submission is that co-accused, Ashok Singh and Jai Ram Singh, have already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 09.09.2019 passed in Criminal Misc. No. 56928 of 2019. Having regard to the facts and circumstances of the case, let the above named petitioners 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. Case No. 149 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T