Raman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76363 of 2023 Arising Out of PS. Case No.-594 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.

Raman Kumar Singh, aged about 47 years (male) S/O Late Anugrah Narayan Singh R/O Hatiyagachhi, Ward No.20, P.S And Distt.- Saharsa. 2.

Ashish Kumar Singh, aged about 22 years (male) S/O Raman Kumar Singh R/O Hatiyagachhi, Ward No.20, P.S And Distt.- Saharsa. 3.

Abhishek Kumar Singh @ Abhishek Kumar, aged about 19 years (male) S/O Raman Kumar Singh R/O Hatiyagachhi, Ward No.20, P.S And Distt.- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

For the Informant :

Mr. Satish Kr. Singh, Advocate Mr. Dinesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-12-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Saharsa Sadar P.S Case No. 594 of 2023 dated 23.08.2023 registered for the offence punishable u/s 341, 323, 325, 307, 354B, 379, 504 and 506 read with 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.76363 of 2023(2) dt.02-12-2023 2/3

4. As per the prosecution case, the allegation against the petitioners is that on 20.08.2023 when the petitioners were putting pipe on the way, which was opposed by the informant then the accused persons demanded extortion of Rs. One lakh from the informant and upon refusal by the informant, the petitioners with intention to kill assaulted on the head of the informant's husband with iron rod and butt of the pistol.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that there is general and omnibus allegations against the petitioner. Learned counsel has further submitted that there is no injury on the vital part of the body. It is further submitted that there is no injury found on the head of the informant's husband. The parties are agnates and due to family dispute injuries were inflicted from both sides. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their

Patna High Court CR. MISC. No.76363 of 2023(2) dt.02-12-2023 3/3 arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saharsa in connection with Saharsa Sadar P.S. Case No. 594 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T