Bankey Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 73015 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Bankey Singh, Gender-Male, aged about 65 years, Son of Late Ram Ikbal Singh.

2.

Dharamvir Singh @ Ranvir Singh, Gender - Male, aged about 30 years, Son of Bankey Singh.

3.

Raj Kumar Singh, Gender-Male, aged about 40 years, Son of Ganga Sagar Singh All are resident of Village - Shahdullapur, P.S.- Bidupur in the district of Vaishali.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-11-2019 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor for the State.

Three petitioners, apprehending their arrest in Raghopur P.S. Case No. 64 of 2019 registered for offence under Sections 323, 341, 308, 324, 504, 506/34 of the Indian Penal Code, have prayed for grant of anticipatory bail. The allegation against the petitioners, as per F.I.R., is that they alongwith one Chunnu Kumar were cutting the wheat crops of the informant forcibly, whereafter the informant protested and thereafter, by using filthy language, petitioner no. 1 (Bankey Singh) gave blow by rod and one co-accused Chunnu Kumar gave farsa blow on the informant and injured him.

Patna High Court CR. MISC. No.73015 of 2019(2) dt.20-11-2019 2/2 It was submitted by learned counsel for the petitioners that in the F.I.R., allegation of giving blow by rod has been levelled only against petitioner no. 1, not against remaining petitioners. They were only standing there.

In view of aforesaid facts and circumstances, the prayer for bail in respect of petitioner no. 1 namely Bankey Singh stands rejected.

So far as the prayer for bail of remaining two petitioners is concerned, considering the fact that there is no specific allegation against them and they are having clean antecedent, favourable order may be passed.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let petitioner no. 2 namely Dharamvir Singh @ Ranvir Singh and petitioner no. 3 namely Raj Kumar Singh be enlarged 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 C.J.M., Vaishali at Hajipur in connection with Raghopur P.S. Case No. 64 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J.) anay U T