Sanjay Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72590 of 2018 Arising Out of PS. Case No.-141 Year-2018 Thana- KOCHAS District- Rohtas ======================================================

1. Sanjay Singh, Son of Jagdish Singh

2. Binod Singh, Son of Late Daras Singh

3. Hira Singh, Son of Late Daras Singh All are Resident of Village-Umapur Tola, P.S. Kochas (Parasathua O.P.), Distt.-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manendra Kumar Sinha, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2018 The learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner No.3/Hira Singh, who has been arrested. Permission is accorded.

The application with respect to petitioner No. 3 is dismissed as having become infructuous with his arrest. The petitioner Nos. 1 and 2 seek bail in anticipation of their arrest in connection with Kochas (Parasathua) P.S. Case No. 141 of 2018, dated 26.07.2018, instituted for the offences under Sections 147, 148, 149, 341, 323, 504, 506

Patna High Court Cr.Misc. No.72590 of 2018(2) dt.20-12-2018 2/3 and 302 of the Indian Penal Code.

The prosecution case as per the fardbeyan of Harendra Kumar Singh recorded by S.H.O. of Parasathua O.P. on 26.07.2018 is to the effect that on 26.07.2018 at 7:30 A.M., when the informant, his father Bhim Singh, uncle Mathura Singh and brothers Pappu Kumar, Sunil Kumar Singh and Birendra Kumar Singh were cleaning the drain which is claimed by the informant to be on his land, the accused persons including the petitioners came and assaulted them. On hearing alarm, the informant's mother Naurangi Devi came to their rescue. In the meantime, coaccused Santosh Singh assaulted the mother of the informant with lathi on her head resulting in her death. The learned counsel for the petitioners has submitted that in the background of land dispute, this accusation has been levelled. The accusation of assault is not specific against the petitioners. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. It has further been submitted on behalf of the petitioners that some of similarly

Patna High Court Cr.Misc. No.72590 of 2018(2) dt.20-12-2018 3/3 situated accused persons have been granted anticipatory bail by a Bench of this Court.

The learned counsel for the State submits that the petitioners are named in the F.I.R.

Considering the aforesaid facts, the petitioner Nos. 1 and 2 above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Sasaram, Rohtas in connection with Kochas (Parsathua) P.S. Case No. 141 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T