Shamsher Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78508 of 2023 Arising Out of PS. Case No.-515 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== 1.
SHAMSHER SINGH S/O LATE INDRAJEET SINGH VILLAGETUDIGANJ, PS. KRISHNABRAHM, DIST. BUXAR 2.
GAUTAM SINGH @ MANA SINGH S/O LATE INDRAJEET SINGH VILLAGE- TUDIGANJ, PS. KRISHNABRAHM, DIST. BUXAR 3.
SURAJ SINGH @ SURAJ KUMAR S/O LATE INDRAJEET SINGH VILLAGE- TUDIGANJ, PS. KRISHNABRAHM, DIST. BUXAR 4.
UTTAM SINGH S/O LATE INDRAJEET SINGH VILLAGE- TUDIGANJ, PS. KRISHNABRAHM, DIST. BUXAR 5.
ROHIT KUMAR @ ROHIT SINGH S/O LATE INDRAJEET SINGH VILLAGE- TUDIGANJ, PS. KRISHNABRAHM, DIST. BUXAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sada Nand Roy For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-01-2024
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. Petitioners apprehend their arrest in connection with Brahmpur ( Krishnabrahmpur) PS Case No. 515 / 2023 dated 19.08.2023 registered under Sections 147, 148, 149, 341, 323, 354 (B), 307, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.78508 of 2023(2) dt.10-01-2024 2/3
3. As per the prosecution case while the informant in the evening along with her husband was going to her Maike and no sooner than she reached at Tudiganj More near a temple, 6-7 miscreants started to pass filthy words against her and when her husband opposed, then the accused persons assaulted her husband brutally, snatched golden chain of her husband and mobile also. Upon making alarm, the villagers gathered there. The accused persons resorted to firing and empty cartridges, country made rifle, Apache motorcycle etc. were seized by the Police. Accordingly, seizure list was prepared.
4. Learned counsel for the petitioners submits that all five full brothers have been made accused in the present case on the basis of a concocted story. The allegation against the petitioners are improbable and is general and omnibus in nature. The petitioners have been implicated in this case due to local village politics.
5. Regard being had to the submission made by the parties, taking into consideration the fact that F.I.R. discloses ordeal of the informant and further rifle and cartridges have been seized from the place of occurrence and the petitioners are having criminal antecedent of seven cases including cases registered under the N.D.P.S. Act, as such, I am not inclined to
Patna High Court CR. MISC. No.78508 of 2023(2) dt.10-01-2024 3/3 grant anticipatory bail to the petitioners.
6. Accordingly the prayer for anticipatory bail stands rejected.
(Anil Kumar Sinha, J) praful/- U T