Binod Singh @ Vinay Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20256 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- PAHARPUR District- East Champaran ====================================================== 1.

Binod Singh @ Vinay Kumar, son of Hari Narayan Singh. 2.

Vijay Singh alias Vijay Kumr @ Vijay Kumar Singh, Son of Kashi Singh.

3.

Laxman Singh, son of Harihar Singh.

4.

Pawan Singh @ Pawan Kumar, Son of Laxman Singh. 5.

Lalbabu Chaubey, son of Manharan Chaubey.

All are resident of Village Naya Gaon, Bhuthaan, P.S. Paharpur, Dist. East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anis Akhtar For the Opposite Party/s :

Mr. Nand Kishore Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Paharpur P.S. Case No. 11 of 2018 registered for offences under sections 147, 341, 323, 324, 307, 379, 504 of the Indian Penal Code.

As per allegation made in the First Information Report, on 9.1.2018 at about 8 A.M., the accused persons including petitioners came at the door of the Informant and due to land dispute, the accused Lalbabu Chaubey ordered to kill all the family members on which Binod Singh, petitioner no.1,

Patna High Court Cr.Misc. No.20256 of 2018(2) dt.20-04-2018 2/3 gave iron-rod blow on the head of the son of the Informant's Sarhu, namely, Raju Ojha causing bleeding from his nose and mouth and rest of the accused persons assaulted him by leg, fat and Danda. When the Informant tried to save him, accused Ashok Singh gave Dabia blow on the right hand causing cut and bleeding injury. Vijay Mishra gave Lathi blow on the head of the Informant and rest accused persons assaulted him by lath, Danda and the Informant fell down.

There being direct allegation against the petitioner nos. 1, this Court is not inclined to grant privilege of anticipatory bail to them.

Accordingly, the prayer for petitioner no. 1, namely, Binod Singh alias Vinay Kumar is rejected. Looking to the entire facts and circumstances of the case and the fact that there being no specific allegation, let the petitioners, namely, 2. Vijay Singh alias Vijay Kumr @ Vijay Kumar Singh, 3. Laxman Singh, 4. Pawan Singh @ Pawan Kumar and 5. Lalbabu Chaubey, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail 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

Patna High Court Cr.Misc. No.20256 of 2018(2) dt.20-04-2018 3/3 Magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No. 11 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shivaji Pandey, J) rishi/- U T