Srinath Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58060 of 2018 Arising Out of PS. Case No.-221 Year-2018 Thana- MADHAURAH District- Saran ======================================================

1. Srinath Singh,

2. Shobhnath Singh 1 & 2 Sons of Late Sudarshan Singh,

3. Randhir Kumar Singh @ Randhir Kumar @ Randhir Singh S/o Srinath Singh, All are R/o Vill.- Siswa, P.S.- Marhaura, DistrictSaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddharth Harsh For the Opposite Party/s :

Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 302, 307, 147, 148, 149, 323, 324, 325 and 506 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was at his shop, the accused persons including the petitioners, variously armed, due to dispute over a pond, the informant was assaulted by them. The brother came in rescue was also assaulted due to which he succumbed to the injuries.

It has been submitted on behalf of the petitioners that the petitioner nos. 2 and 3 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners.

Patna High Court Cr.Misc. No.58060 of 2018(3) dt.03-12-2018 2/2 The petitioners have falsely been implicated in the present case. Petitioner no. 1 is alleged to have caused simple injury on the nonvital part of the body of the informant. As far as petitioner nos. 2 and 3 are concerned, there is no allegation of assaulted alleged against them. The specific allegation of assault is against co-accused namely Pawan Singh for causing injury on the deceased. There is a case and counter case between the parties in which both the sides have sustained injuries.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Saran, Chapra in connection with Marhowrah P.S. Case No. 221/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T